Back
DEVENDRA KUMAR UPADHYAYA, SAROJ YADAV
Payal Agarwal – Appellant
Versus
State of Uttar Pradesh through its Additional Chief Secretary (Home)/Principal Secretary (Home) – Respondent
JUDGMENT :
Saroj Yadav, J.
1. Heard Mr. Nadeem Murtaza and Mr. Prashant Puri, learned counsel for the petitioners, Mr. Amarjeet Singh Rakhra, learned counsel for the respondent No.4 and Mr. S.P. Singh, learned A.G.A. for the State.
2. This writ petition under Article 226 of the Constitution of India (in short Constitution) has been filed by the petitioners to quash the First Information Report (in short F.I.R.) registered at Case Crime No.0531 of 2020, under Sections 471, 468, 467, 420 and 406 of Indian Penal Code (in short I.P.C.) at Police Station Sarojani Nagar, District Lucknow and not to proceed, prosecute or arrest the petitioners on the basis of the aforesaid F.I.R.
3. Previously, after going through the record and having heard the learned counsel for the petitioners as well as learned A.G.A. and the counsel for the private respondent No.4, this Court gathered that prima-facie the case relates to business/corporate transactions and the F.I.R. has been lodged due to some personal feud between two real brothers. This Court deemed it proper to persuade the parties to settle the dispute amicably. 'Abraham Lincoln' has said "discourage litigation persuade your neighbours to compromis
Point of Law : The statute saves the inherent power of the High Court, as a superior court, to make such orders as are necessary (i) to prevent an abuse of the process of any Court; or (ii) otherwise....
The main legal principle established in the judgment is the court's inherent jurisdiction to quash a first information report when the parties have settled their disputes, which are of a private natu....
The inherent powers of the High Court under Section 482 can be used to quash criminal proceedings to meet the ends of justice, especially in cases of compromise between the parties.
Compounding of offence – High Court in exercise of its inherent powers can quash criminal proceedings or FIR or complaint and Section 320 of Cr.P.C. does not limit or affect powers under Section 482 ....
Section 482 preserves inherent powers of High Court to prevent an abuse of process of any court or to secure the ends of justice. The provision does not confer new powers. It only recognises and pres....
The exercise of inherent power for quashing the FIR and consequent proceedings is justified to secure the ends of justice, especially in cases involving voluntary compromise and non-compoundable offe....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
