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october 2008

Supreme Court of India · 2008-10-16

MANOJ SHARMA vs STATE .

Citation / case number
SC 2007/25378
Court
Supreme Court of India
Petitioner
MANOJ SHARMA
Respondent
STATE .
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 Code of Criminal Procedure or Article 226 of the Constitution if the parties have settled the matter between themselves. The Court reaffirmed the principles established in B.S. Joshi vs. State of Haryana, clarifying that the High Court's power to quash criminal proceedings is not limited by the provisions of Section 320 CrPC regarding compoundable offences. The appeal was allowed, and the FIR was quashed based on the compromise between the parties.

MANOJ SHARMA vs STATE . · Niyam