VIKRAM NATH, SATISH CHANDRA SHARMA
Anil Mishra – Appellant
Versus
State of U. P. – Respondent
Key Points: - The Supreme Court allowed the appeal and set aside the High Court’s order quashing the FIR and proceedings, restoring them to the Trial Court for expeditious disposal (!) . - The Appellant was an injured victim and original complainant; he was not a party to the Settlement Agreement; High Court erred by quashing based on that agreement (!) (!) . - Inherent power to quash is distinct from compounding under Section 320 CrPC; quashing depends on securing ends of justice and preventing abuse of process, with considerations on the nature and gravity of the crime and whether settlement justifies quashing (Gian Singh principles) (!) (!) . - Offences like murder, rape, dacoity, etc., cannot be quashed even with settlement; private or civil-flavoured cases may be quashed if continuation would be oppressive and justice requires ending the case (!) . - The case involved non-compoundable offences under IPC Sections 147, 148, 149, 364; the settlement between accused and Respondent No. 5 did not include the injured victim, affecting the legality of quashing (!) (!) . - The High Court’s 2nd Settlement Order directing quashing based on the 28-09-2022 agreement was found erroneous; proceedings were restored (!) . - The Trial Court’s initial observation acknowledged non-compoundable nature of some offences and that the injured party/complainant was not a party to the settlement (!) . - The judgment cites Gian Singh (Supra) to emphasize that the ends of justice and abuse of process considerations guide quashing under inherent power (!) .
ORDER :
1. Leave granted.
2. The present appeal is arising out of order dated 06.04.2023 passed by the High Court of Judicature at Allahabad (the “High Court”) in an application under Section 482 of the Code of Criminal Procedure, 1973 (“CrPC”) bearing number 38114 of 2022, titled ‘Jitendra Mishra @ Sanjay and Ors. Vs. State of Uttar Pradesh and Anr.’ (the “Impugned Order”).
3. The facts of the case reveal that the Appellant herein lodged a First Information Report on 07.08.1999 bearing number 966 of 1999 under Section(s) 364, 147, 148, 149 & 323 of the Indian Penal Code, 1860 (“IPC”) against Respondent Nos. 2 to 4 (the “Accused Persons”) alleging inter alia that (i) the Appellant and Respondent No. 5 were beaten-up and accordingly, injured by Accused Persons who were wielding guns, rifles, revolvers and pistols; and (ii) Respondent No. 5 was further abducted by the Accused Persons (the “FIR”).
4. The matter was investigated by the police and thereafter a charge-sheet was filed against the Accused Persons qua offences under Sections 147, 148, 149, 323 and 364 of the IPC (the “Chargesheet”). Pursuant to the filing of the Chargesheet, Ld. Civil Judge, Junior Division, Tirwa, District, pr
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