2018 (9) TMI 843

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.... Court that the issue which led to filing of the application under the provision of Negotiable Instruments Act, otherwise also stands amicably settled between the parties. Taking into consideration the said submission made by the learned counsel for the parties and also as per the averments made in the application, this Court is of the considered view that delay in filing the appeal is bonafide and not intentional. Accordingly, the application is allowed and delay in filing the revision petition is condoned. Cr. Revision No.: 337 of 2018 5. The present petition has been filed against the judgment passed by learned Sessions Judge, Kinnaur Sessions Division at Rampur Bushahr, Camp at Reckong Peo, dated 18.02.2017, in Cr. Appeal No. 22 of 20....

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....t entered into between the parties and to quash the proceedings arising out of the proceedings, which have consequently culminated into a settlement. This power has been conferred to subserve the ends of justice or/and to prevent abuse of the process of any Court. Though, such power is required to be exercised with circumspection and in cases which do not involve heinous and serious offence of mental depravity or offences like murder, rape, dacoity etc. The law on this subject has been summed up in a recent judgment of the Hon'ble Supreme Court in Narinder Singh & Ors. V. State of Punjab & Anr. JT 2014 (4) SC 573, wherein it was held as under:- "(I) Power conferred under Section 482 of the Code is to be distinguished from the power which ....

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....e quashed when the parties have resolved their entire disputes among themselves. (V) While exercising its powers, the High Court is to examine as to whether the possibility of conviction is remote and bleak and continuation of criminal cases would put the accused to great oppression and prejudice and extreme injustice would be caused to him by not quashing the criminal cases. (VI) Offences under Section 307 IPC would fall in the category of heinous and serious offences and therefore is to be generally treated as crime against the society and not against the individual alone. However, the High Court would not rest its decision merely because there is a mention of Section 307 IPC in the FIR or the charge is framed under this provision. ....

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....quash the criminal proceedings/investigation. It is because of the reason that at this stage the investigation is still on and even the charge sheet has not been filed. Likewise, those cases where the charge is framed but the evidence is yet to start or the evidence is still at infancy stage, the High Court can show benevolence in exercising its powers favourably, but after prima facie assessment of the circumstances/material mentioned above. On the other hand, where the prosecution evidence is almost complete or after the conclusion of the evidence the matter is at the stage of argument, normally the High Court should refrain from exercising its power under Section 482 of the Code, as in such cases the trial court would be in a position to....