Lakshmikutty.P vs State Of Kerala on 7 February, 2025

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A five Judges Bench of the Punjab and Haryana High

Court in Kulwinder Singh and Others v. State of Punjab

and Another [(2007) 4 CTC 769], framed broad

guidelines as regards quashment of the criminal

proceedings under Section 482 of the Code in respect

of offences which are not compoundable in terms of

Section 320 of the Code. One among the guidelines was

that the offences against human body, other than

murder and culpable homicide, may be permitted to be

compounded, when the court is in a position to record

a finding that the settlement between the parties is

voluntary and fair. These guidelines were quoted with

approval by a three Judges Bench of the Hon’ble

Supreme Court in Gian Singh v. State of Punjab and
2025:KER:10809
CRL.MC NO.6208 OF 2023

another [(2012) 10 SCC 303]. Similarly in Narinder

Singh and Others v. State of Punjab [(2014) 6 SCC

466], the Hon’ble Supreme Court has gone to the extent

of sanctioning invocation of the inherent power under

section 482 of the Criminal Procedure Code to quash

the F.I.R in a crime alleging offence under Section

307, which is a henious and serious offence. A

practical approach is seen adopted by the Hon’ble

Supreme in Madan Mohan Abbot v. State of Punjab

[(2008) 4 SCC 582] as regards quashment in respect of

offences like 379, 406, 409, 418, etc., the relevant

findings of which are extracted herebelow:



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