Pravin 16 May 2021

Fir quashing

Can a fir u/s 364 ipc be quashed by highcourt based on compromise and defacto complainant settled disputes with the persons accused amicably and filed crl mc under 482 crpc?

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7 Replies

Vandan Kumar 16 May 2021

yes, HC Can quash FIR

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Sankaranarayanan (Advocate) 17 May 2021

yes it can , state the facts clearly

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Advocate Bhartesh goyal (advocate) 17 May 2021

Yes,under mentioned circumstances H.C may allow petition u/sec 482 of Cr.P.C and quash F.I.R.

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Pravin 17 May 2021

Thank you sir

ganesh ns 17 May 2021

Section 364 is a serious offence of Kidnapping for Murder High Courts will never allow the Petition for Quash on the ground that the offence is a compromise between the parties since the offence is not a private one but one against society.
Also, the offence is not Compoundable as per Section 320 of Cr.P.C.
so, compromising the offence with the victim will not entail you getting an acquittal or quashing of the FIR.
Try to frame more relevant grounds for the Court to believe that you have not committed the offence and keep the compromised ground as an additional one.
Best of luck...

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T. Kalaiselvan, Advocate (Advocate) 17 May 2021

the offence under section 364 IPC is a cognizable and non compoundable, non-bailable offence tried by a sessions court.

Descripttion
Whoever kidnaps or abducts any person or keeps a person in detention after such kidnapping or abduction, and threatens to cause death or hurt to such person, or by his conduct gives rise to a reasonable apprehension that such person may be put to death or hurt, or causes hurt or death to such person in order to compel the Government or any foreign State or international inter-governmental organisation or any other person to do or abstain from doing any act or to pay a ransom, shall be punishable with death or imprisonment for life, and shall also be liable to fine. Since it is a grave offence, it depends on he discretion of the high court to decide about the quash petition filed before it under section 482 cr.p.c. Since the defacto complainant/respondent is filing an affidavit before the high court in the said quash case expressing no objection for quashing the case, the high court may at its discretion decide in favor of the petitioner.

Descripttion

Whoever kidnaps or abducts any person or keeps a person in detention after such kidnapping or abduction, and threatens to cause death or hurt to such person, or by his conduct gives rise to a reasonable apprehension that such person may be put to death or hurt, or causes hurt or death to such person in order to compel the Government or any foreign State or international inter-governmental organisation or any other person to do or abstain from doing any act or to pay a ransom, shall be punishable with death or imprisonment for life, and shall also be liable to fine.

Since it is a grave offence, it depends on he discretion of the high court to decide about the quash petition filed before it under section 482 cr.p.c.

Since the defacto complainant/respondent is filing an affidavit before the high court in the said quash case expressing no objection for quashing the case, the high court may at its discretion decide in favor of the petitioner.

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