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B. V. NAGARATHNA, SATISH CHANDRA SHARMA
Pawan Kumar – Appellant
Versus
State Of Uttar Pradesh – Respondent
| Table of Content |
|---|
| 1. application under section 482 cr.p.c. (Para 2 , 3) |
| 2. counsel submissions regarding quashing proceedings. (Para 4 , 5) |
| 3. settlement agreement verification. (Para 9 , 10 , 11) |
| 4. false allegations under ipc section 376. (Para 12 , 13 , 14) |
| 5. exercising article 142 jurisdiction to quash complaint. (Para 15 , 16) |
JUDGMENT :
1. Leave granted.
2. The appellant herein had preferred an application under Section 482 of the Code of Criminal Procedure, 1973 (for short, "Cr.P.C."), seeking quashing of the entire proceedings as well as charge sheet No.31 of 2023 and cognizance order dated 29.03.2023 in Case No.3398 of 2023 (State vs. Pawan Kumar) arising out of Case Crime No.0260 of 2022 under Sections 354-C, 376, 506 of the INDIAN PENAL CODE , 1860 ("IPC" for short) and Sections 67 -A and 66-C of the Information Technology Act, 2000 ("IT Act" for short) registered in Police Station Hathras Junction, District Hathras and it was pending in the Court of the Judicial Magistrate, Hathras. The High Court by its order dated 01.10.2024 dismissed the said application. However, in paragraph 6 the High Court has recorded as under:
The court may quash criminal proceedings based on amicable settlements in minor offences, emphasizing the need to secure justice and prevent abuse of process.
The main legal point established in the judgment is the need for caution and sparing use of the High Court's power to quash criminal proceedings under Section 482 Cr.PC, especially in cases with a pr....
The power to quash criminal proceedings based on a settlement between the parties depends on the facts and circumstances of each case, and the court must consider the nature and gravity of the crime,....
whether incorporation of Section 307 IPC is there for the sake of it or the prosecution has collected sufficient evidence, which if proved, would lead to framing the charge under Section 307 IPC
High Court may quash non-heinous criminal proceedings upon genuine amicable settlement between parties to secure justice.
The main legal point established in the judgment is that heinous and serious offences, especially those under Section 376 IPC, cannot be quashed based on a settlement between the parties, as they hav....
The main legal point established is that the power of the High Court to quash criminal proceedings based on a compromise is distinct from the power to compound offences, and must be exercised to secu....
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