The single judge bench of Justice Jagmohan Bansal of the Punjab and Haryana High Court in the case of Rakesh Kumar and Other Vs State of Punjab and Ors quashed the proceedings under Sections 324, 323, 148 and 149 IPC in FIR under Sections 307, 365, 323, 341, 506 and 34 of IPC as the alleged offences are of pre-dominantly private in nature and no moral turpitude or interest of public at large is involved.
BRIEF FACTS
The factual matrix of the case is that the petition was filed under section 482 CrPC for quashing the case registered under Sections 324, 323, 148 and 149 IPC and all the consequential proceedings on the basis of compromise.
COURT’S OBSERVATION
The hon’ble high court relied upon the judgements titled Gian Singh Vs. State of Punjab and others, (2012) 10 SCC 303' and 'The State of Madhya Pradesh Vs. Laxmi Narayan and others (2019) 5 SCC 688', a two Judge Bench of the Hon'ble Supreme Court in 'Ramgopal and another Vs. State of Madhya Pradesh 2021 SCC online SC 834 and held that the alleged offences are of pre-dominantly private in nature and no moral turpitude or interest of public at large is involved.
There appears to be no chance of conviction, the continuance of the proceedings would just waste valuable judicial time and it is well-known fact that courts are already over burdened.
CASE NAME- Rakesh Kumar and Other Vs State of Punjab and Ors
CITATION- CRM-M-7436-2022
CORUM- Justice Jagmohan Bansal
DATE- 12.12.22
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