A three-Judge Bench of the Supreme Court has summarized the principles that need to be kept in mind by the High Courts while considering a plea for quashing an FIR/ Criminal Proceedings under Section 482 of the Code of Criminal Procedure on the ground of settlement between parties.
The Bench comprising Chief Justice of India Dipak Misra, Justice A.M. Khanwilkar and Justice D.Y. Chandrachud passed the judgment on a Petition challenging an order passed by the Gujarat High Court, wherein the Appellants’ plea under Section 482 of Cr.P.C had been rejected.
The Appellants had sought quashing of the FIR filed against them on the ground that they had amicably settled the dispute with the complainant. The complainant had also filed an affidavit to that effect. The High Court had, however, noted that the case involves extortion, forgery and conspiracy and therefore, it was not in the interest of society at large to accept the settlement.
Article referred: http://www.livelaw.in/sc-issues-guidelines-quashing-fircriminal-proceedings-ground-settlement-partiesread-judgment/
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