Ensure Victim's Presence Before Quashing Serious Offences, Especially Against Women, Based On Settlement: Supreme Court To High Courts
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4 months ago

Ensure Victim's Presence Before Quashing Serious Offences, Especially Against Women, Based On Settlement: Supreme Court To High Courts

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The Supreme Court has advised High Courts to exercise caution before quashing non-compoundable cases based on settlement between the victim and the accused. Even if there is an affidavit of the victim accepting the settlement, it is advisable to seek the victim's presence, either physically or virtually, before quashing serious offences, especially those against women, the Court advised. A bench comprising Justices Abhay S Ok and Augustine George Masih observed : "When petitions are filed before the High Court by invoking either Article 226 of the Constitution of India or Section 482 of the Code of Criminal Procedure, 1973 for quashing criminal proceedings of non-compoundable offences on the ground of settlement, the High Court must satisfy itself that there is a genuine settlement between the victim and the accused. Even if an affidavit of the victim accepting the settlement is on record, in cases of serious offences and especially against women, it is always advisable to procure the presence of the victim either personally or through video conference so that the Court can properly examine whether there is a genuine settlement and that the victim has no subsisting grievance."

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History of this topic

High Courts Can Quash Criminal Proceedings Invoking Article 226 Jurisdiction Also Apart From S.482 CrPC Power : Supreme Court
2 months, 2 weeks ago

High Courts Can Quash Criminal Proceedings Invoking Article 226 Jurisdiction Also Apart From S.482 CrPC Power : Supreme Court

Live Law  

The Supreme Court observed that apart from exercising its power to quash a criminal case under Section 482 Cr.P.C., the High Court can also exercise powers under Article 226 of the Constitution to quash the criminal case to prevent misuse of the law. “It is true that normally, quashing of criminal proceedings would be sought and would be done in …

Ensure Victim's Presence Before Quashing Serious Offences, Especially Against Women, Based On Settlement: Supreme Court To High Courts
Trending News
4 months ago

Ensure Victim's Presence Before Quashing Serious Offences, Especially Against Women, Based On Settlement: Supreme Court To High Courts

Live Law  

The Supreme Court has advised High Courts to exercise caution before quashing non-compoundable cases based on settlement between the victim and the accused. Even if there is an affidavit of the victim accepting the settlement, it is advisable to seek the victim's presence, either physically or virtually, before quashing serious offences, especially those against women, the Court advised. A bench …

Victim Has No Right To Drop Case Of Non-Compoundable Offence Of Serious & Heinous Nature: Allahabad High Court
2 years, 5 months ago

Victim Has No Right To Drop Case Of Non-Compoundable Offence Of Serious & Heinous Nature: Allahabad High Court

Live Law  

The Allahabad High Court on Tuesday observed that a victim has no right in law to drop the case of a non-compoundable offence of serious and heinous nature which badly affects society. However, the Court further noted that the Apex Court has, in a catena od decisions, cautioned that the proceeding of serious and heinous offences which affect the society …

'Non Compoundable' Criminal Cases Of Predominantly Private Nature Can Be Quashed U/s 482 CrPC Even If Compromise Is Reached After Conviction: Supreme Court
3 years, 5 months ago

'Non Compoundable' Criminal Cases Of Predominantly Private Nature Can Be Quashed U/s 482 CrPC Even If Compromise Is Reached After Conviction: Supreme Court

Live Law  

The Supreme Court observed that a High Court can quash criminal proceedings in exercise of its inherent powers under Section 482 Cr.P.C., even if the offences are non-compoundable and the compromise is reached after conviction.The bench headed by CJI NV Ramana added that criminal proceedings involving non-­heinous offences or where the offences are predominantly of a. The Supreme Court observed …

Settlement Via Marriage Not A Ground To Quash Proceedings Against Rape Accused Under POCSO: Kerala High Court
3 years, 5 months ago

Settlement Via Marriage Not A Ground To Quash Proceedings Against Rape Accused Under POCSO: Kerala High Court

Live Law  

In a significant ruling, the Kerala High Court has held that a compromise of marriage between the parties is not a ground to quash the criminal proceedings against the accused under the provisions of POCSO.Justice V. Shircy while dismissing a petition under Section 482 of the Code of Criminal Procedure, remarked:"Rape is not only a very serious and inhumane offence …

Improper To Quash FIR U/s 482 CrPC When There Are Serious Triable Allegations In Complaint, Reiterates Supreme Court
3 years, 7 months ago

Improper To Quash FIR U/s 482 CrPC When There Are Serious Triable Allegations In Complaint, Reiterates Supreme Court

Live Law  

The Supreme Court observed that it is improper to quash criminal proceedings under Section 482 of Criminal Procedure Code when there are serious triable allegations in the complaint.Appreciation of evidence is not permissible at the stage of quashing of proceedings in exercise of powers under Section 482 CrPC, the Supreme Court reiterated while setting aside a High Court judgment.In this. …

Supreme Court issues fresh guidelines on quashing of proceedings of a non-compoundable offence on the basis of settlement between the parties. [Read the Judgment]
10 years, 11 months ago

Supreme Court issues fresh guidelines on quashing of proceedings of a non-compoundable offence on the basis of settlement between the parties. [Read the Judgment]

Live Law  

A Supreme Court bench of Justice K.S.Radhakrishnan and Justice A.K.Sikri has issued fresh guidelines on quashing of criminal proceeding of a non-compoundable offence by using the inherent powers of High Court under Section 482 of Criminal Procedure Code, on the basis of a settlement between the parties. Once, it is found that compounding is permissible only if a particular offence …

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