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2015 Supreme(SC) 696

FAKKIR MOHAMED IBRAHIM KALIFULLA, UDAY UMESH LALIT
STATE OF M. P. – Appellant
Versus
MANISH – Respondent


ORDER

1. Leave granted.

2. Heard learned counsel for the appellant and the respondents.

3. The appellant/State of Madhya Pradesh seeks to challenge the order of the High Court of Madhya Pradesh dated 25.6.2013 passed in Misc. Criminal Case No.4013/2013, in and by which the High Court in exercise of its powers under Section 482 Cr.P.C. by taking into account the stand of the de facto complainant, who was present before the Court, that she did not wish to prosecute the respondents herein as the disputes have been amicably settled between them, curiously proceeded to quash the FIR in Crime No.512/2012 registered at Police Station Thatipur, District Gwalior for offences under Sections 307, 294 and 34 IPC as well as the subsequent criminal proceedings being Criminal Case No.2602/2013 for the same offences pending before the Court. The High Court, however, made it clear that the proceedings pending against the private respondents herein in relation to the offences under Sections 25 and 27 of Arms Act were not quashed by the Court.

4. Therefore, the moot question that arises for consideration is whether based on out of Court settlement alleged to have been reached between the private part







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