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SUBHASH VIDYARTHI
Sanni @ Nitish @ Nitish Agrahari – Appellant
Versus
State of U. P. , Thru. Prin. Secy. Home Lko. – Respondent
JUDGMENT :
1. Heard Sri Raghvendra Singh, learned counsel for the applicants, Sri Tilak Raj Singh, learned AGA-I on behalf of the State and Sri Ramendra Kumar, learned counsel for the opposite parties no. 2 to 4.
2. By means of the instant application the applicants are seeking quashing of the charge sheet dated 26.03.2015 filed in respect of Case Crime No. 511/2014, under Sections 307, 323 IPC, Police Station Kotwali Akbarpur, District Ambedkar Nagar and proceedings of Session Trial No. 111/2015 titled State v. Sunni @ Nitish & Ors. pending in the Court of IIIrd Additional District and Session Judge, Ambedkar Nagar arising out of the aforesaid charge sheet on the ground that on 09.12.2022 a compromise has been entered into between the parties settling the dispute and now the opposite parties no. 2 to 4 do not want to pursue the matter.
3. The aforesaid case was initiated on the basis of an FIR bearing Case Crime No. 511/2014 lodged on 19.12.2014 by the opposite party no. 2 Ram Prasad against the petitioners stating that the petitioner no. 2 Narendra Kumar was raising construction of a wall on a land in dispute. The informant asked him not to raise any construction till the decision o
Offences under Section 307 IPC are serious and heinous, lacking the possibility of being quashed based on private compromise. Hence, societal interest in prosecuting such crimes prevails.
Inherent powers under Section 482 Cr.P.C. can quash proceedings based on valid compromise, provided it serves justice and prevents abuse of process, especially for non-heinous offences.
FIR under Section 307 IPC not quashable on compromise if charge-sheet evidences grievous life-endangering injuries from deadly weapons, establishing prima facie heinous offence against society.
High Court can quash non-compoundable FIRs under Section 482 when parties reach amicable settlements, preserving justice and avoiding abuse of process.
The main legal point established in the judgment is the need to exercise the power under Section 482 of the Code sparingly and with caution, especially for heinous and serious offences, and to consid....
The court emphasized the reformatory purpose of criminal jurisprudence and the need to secure the ends of justice in exercising the inherent power for quashing the proceedings based on a compromise.
The main legal point established in the judgment is that heinous and serious offences, especially those involving societal impact, cannot be quashed based on compromise. The court emphasized the need....
The High Court can quash non-compoundable offences under Section 482 if they are personal in nature and the parties have settled their disputes amicably, ensuring no adverse effect on public interest....
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