क्या 323,341,34 में ACJM कोर्ट से समझौता होने के बाद हाई कोर्ट से CrPC 482 में FIR quashing हो सकती है क्या ।
1. FIR quashing में कितना समय लगेगा कितनी तारीखों में खत्म हो जायेगी।
2. और क्या एफआईआर खत्म हो सकती है ।
और इसकी प्रक्रिया कया है
Hi
Firstly, lets understand the sections above
a) Section 233 of Indian Penal Code, 1806 (IPC) deals with punishment for voluntarily causing hurt
b) Section 341 of IPC deals with punishment for wrongful restraint of a person
c) Section 34 of IPC discusses the liability in case of acts done by several persons in furtherance of common intention
d) Lastly,section 428 of Code of Criminal Procedure, 1973 (CrPC) discusses the inherent powers of High Court (HC) to make such orders as may necessary to prevent abuse of process of any court or to secure the ends of justice.
HC can quash proceedings in exercise of its inherent powers when the complaint or the chargesheet doesn't disclose any offence or when the complaint as frivolous or oppressive in nature. This section is applicable only in case of criminal proceedings and when IPC doesn't have provision to meet a given situation.
Quashing is permitted only if the offence is predominantly of a civil nature ie., commercial transactions, matrimonial cases or family disputes, etc.
There are several judicial precendents wherein the court has awarded quashing of proceedings under section 323/341/34 of IPC when the issue was amicably settled between the parties. Noteworthy of them are:
Ram Nivas & Ors vs The State ( Nct Of Delhi) & Ors (2016) relying on established principles in earlier cases, teh Delhi HC observed that "It is a well settled law that where the High Court is convinced that the offences are entirely personal in nature and therefore do not affect public peace or tranquillity and where it feels that quashing of such proceedings on account of compromise would bring about peace and would secure ends of justice, it should not hesitate to quash them. In such cases, pursuing prosecution would be waste of time and energy."
It further stated that "notwithstanding the fact that the offences under Sections 143/147/149 IPC are non-compoundable offences, there should be no impediment in quashing the FIR under these sections, if the Court is otherwise satisfied that the facts and circumstances of the case so warrant."
Based on the ratio established in the aboce case, it can be said that an FIR be quashed for offences under sections 323, 341, 34 IPC by the HC under 482 when the same has been compounded.
Best regards,
Megha
