Ramesh Mahajan And Another v. State Of Punjab And Another

KAPIL 2023.08.25 16:08 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court, Chandigarh

The Supreme Court in Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur and others v. State of Gujarat and another, 2017 AIR (SC) 4843 laid down the broad principles governing the exercise of powers for quashing of FIR. It was held that the power under Section 482 Cr.P.C. is to be exercised by the High Court to secure the ends of justice, to prevent abuse of any process of law and in cases where in view of the compromise the possibility of conviction is remote and continuation of proceeding will cause oppression and prejudice. The dispute has a pre-dominant tone and tenor of commercial transaction. The grievance was that the money was not returned. The parties have settled the differences and decided not to litigate any further. No useful purpose would be served by continuing with the trial. To meet the ends of justice, the FIR mentioned above and all consequential proceedings arising therefrom are quashed.

9.

The petition is allowed.

KAPIL 2023.08.25 16:08 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court, Chandigarh