Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure 1973: ss.340 482 - Whether based on out of Court settlement alleged to have C been reached between the private parties the offences of the nature falling u/ss.307 294 and 34 /PC which are not covered by s.320 can be taken note of and such orders of quashing of the proceedings can be passed in exercise of 0 powers u/s.482 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Criminal Procedure, 1973: ss.340, 482 -Whether based on out of Court settlement alleged to have been reached between the private parties, the offences ofthe nature falling u/s s.307, 294 and 34 /PC which are notcovered by s.320 can be taken note of and such orders ofquashing of the proceedings can be passed in exercise ofpowers u/s.482 - Held: Offence ulss.307, 294 and 34 /PCalong with ss. 25 and 27 of the arms Act cannot be held to bean offence as between the private parties simpliciter- Sincesuch offences have a serious impact on the society at large,the private respondents will have to necessarily face trial and come out unscathed by demonstrating their innocence- TrialCourt directed to proceed with the trial in accordance with law- Compromise - Compounding of offence - Penal Code,1860-ss. 307, 294 and 34. |
Judge | Hon'ble Mr. Justice Fakkir Mohamed Ibrahim Kalifulla Honble Mr. Justice Uday Umesh Lalit |
Neutral Citation | 2015 INSC 484 |
Petitioner | State Of M.p. |
Respondent | Manish & Ors. |
SCR | [2015] 8 S.C.R. 723 |
Judgement Date | 2015-07-06 |
Case Number | 860 |
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