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Showing posts with the label How to quash FIR under sec.482 of Cr.P.C by High Court Define by Supreme Court.

New Guideline by Supreme Court of India on Quashing of FIR under Sec.482 of Cr.P.C.

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The broad principles which emerge from the precedents on the subject, may be summarised in the following propositions : Section 482 preserves the inherent powers of the High Court to prevent an abuse of the process of any court or to secure the ends of justice. The provision does not confer new powers. It only recognises and preserves powers which inhere in the High Court; (ii) The invocation of the jurisdiction of the High Court to quash a First Information Report or a criminal proceeding on the ground that a settlement has been arrived at between the offender and the victim is not the same as the invocation of jurisdiction for the purpose of compounding an offence. While compounding an offence, the power of the court is governed by the provisions of Section 320 of the Code of Criminal Procedure, 1973. The power to quash under Section 482 is attracted even if the offence is non-compoundable. (iii) In forming an opinion whether a criminal proceeding or complaint should be qua...