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october 2008

Supreme Court of India · 2008-10-16

Manoj Sharma vs State & Ors

Court
Supreme Court of India
Petitioner
Manoj Sharma
Respondent
State & Ors
Author
Altamas Kabir
Bench
Altamas Kabir, Markandey Katju

Judgment text excerpt

The Supreme Court held that a First Information Report (FIR) under Sections 420, 468, 471, 34, and 120-B IPC can be quashed under Section 482 of the CrPC or Article 226 of the Constitution, even if the offences are not compoundable under Section 320 CrPC, provided the parties have reached a compromise. The Court reaffirmed the principles established in B.S. Joshi vs. State of Haryana, emphasizing that the High Court's power to quash proceedings is not restricted by the compounding provisions and must be exercised to prevent abuse of process and secure justice. The appeal was allowed, affirming the High Court's discretion in such matters.

Manoj Sharma vs State & Ors · Niyam