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Supreme Court of India 2019-02-22 allowed

State of Madhya Pradesh vs Dhruv Gurjar and another

Bench: 2 — M.R. Shah

In Brief

The Supreme Court reversed the High Court's decision quashing criminal proceedings for serious offences (attempted murder under IPC §307 and robbery with arms) based solely on settlement between victim and accused. The Court held that while the High Court has inherent power under Cr.P.C. §482 to quash proceedings even for non-compoundable offences, this power must be exercised carefully and cannot be invoked mechanically. Heinous and serious crimes affecting society cannot be quashed merely because parties settled; such offences require scrutiny of gravity, circumstances, timing of settlement, and accused's conduct. The Court emphasized that settlement does not ipso facto render trials futile or warrant quashing, particularly for serious crimes. The impugned judgments were set aside and proceedings directed to continue.

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Criminal Procedure Quashing of FIR Section 482 Cr.P.C. Abuse of Process Crimes Against Society Non-compoundable Offences Settlement and Compromise Inherent Powers of High Court Serious Crimes Public Interest

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