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Supreme Court of India 2019-02-22 allowed

THE STATE OF MADHYA PRADESH vs DHRUV GURJAR

Bench: 2 — L. Nageswara Rao, M.R. Shah

In Brief

The Supreme Court held that the High Court's power to quash criminal proceedings under Section 482 CrPC for non-compoundable offences involving serious crimes (attempted murder, obscene acts, arms offences) based solely on settlement between complainant and accused was improper. Serious offences affecting society cannot be treated as private disputes amenable to compromise. The Court clarified that Shiji v. Radhika applies only to cases with civil character (matrimonial, commercial). Conviction cannot be assumed impossible merely because the complainant won't support prosecution; other evidence and witnesses must be considered. The High Court must carefully examine antecedents of accused, timing of settlement, and conduct suggesting engineered compromise before exercising discretionary power to quash.

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Criminal Procedure Powers of High Court Quashing of FIR Inherent Jurisdiction Non-Compoundable Offences Criminal Responsibility Section 482 CrPC Settlement and Compromise Serious Crimes Public Interest Arms Act Offences

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