Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure IPC ss. 320 and 482 social wrong 294 and 34 1973 ss. 307 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Arms Act, 1959 (54 of 1959) Code of Criminal Procedure, 1973 (2 of 1974) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Criminal Procedure, 1973 – ss. 320 and 482 – In SLP (Crl.) No.9859/13, FIR was lodged against the accused persons for offences punishable u/ss. 307, 294 and 34, IPC – Accused filed petition u/s.482, CrPC before the High Court for quashing the criminal proceedings arising out of the said FIR on the basis of a compromise arrived at between the accused and the complainant –High Court quashed the criminal proceedings – In SLP (Crl.)No.9860/13, FIR filed against the accused persons for offences punishable inter alia u/s.394, IPC and 25/27, Arms Act – Accused approached the High Court for quashing said FIR – High Court quashed the criminal proceedings – On appeal, held: High Court has not at all considered the fact that the offences alleged were non-compoundable offences as per s.320, CrPC – It did not at all consider the seriousness of the offences, its social impact and mechanically quashed the respective FIRs – High Court did not consider the distinction between a personal or private wrong and asocial wrong and its social impact – Without proper application of mind to the relevant facts and circumstances, the High Court materially erred in quashing the respective FIRs observing that inview of the compromise, there are no chances of recording conviction and/or the further trial would be an exercise in futility – In SLP(Crl.)No.9860/2013, all the accused were absconding – After a period of approximately three months after the incident, alleged to happen on 21.12.12, accused approached the High Court u/s.482, Cr.P.C.,on 12.03.2013 – In the meantime, the accused managed to get the affidavits of the complainant and the two witnesses dtd. 09.02.2013and the High Court quashed the FIR on 15.03.2013, within three days from the date of filing the petition – Accused persons were facing number of trials for the serious offences – High Court did not consider the antecedents of the accused – It ought to have been more vigilant and consider facts and circumstances under which the accused entered into the settlement – Impugned judgments set aside– Respective FIRs/investigation/criminal proceedings be proceeded against the respective accused – Penal Code, 1860 –ss. 34, 294 307 and 394 –Arms Act– ss.25 and 27. |
Judge | Hon'ble Mr. Justice M.R. Shah |
Neutral Citation | 2019 INSC 254 |
Petitioner | The State Of Madhya Pradesh |
Respondent | Dhruv Gurjar And Another |
SCR | [2019] 4 S.C.R. 433 |
Judgement Date | 2019-02-22 |
Case Number | 336 |
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