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AJAI KUMAR SRIVASTAVA I
Ankit Saxena – Appellant
Versus
State Of U. P. Thru. Prin. Secy. (Home), Lko. – Respondent
JUDGMENT :
(Ajai Kumar Srivastava-I, J.)
1. Sri Anurag Singh, Advocate has put in appearance on behalf of opposite party No.2 by filing his vakalatnama in Court today, which is taken on record.
2. Heard Sri Santosh Srivastava, Advocate holding brief of Sri Manish Bajpai, learned counsel for the applicants, Sri Rajesh Verma, learned A.G.A. for the State, Sri Anurag Singh, learned counsel for opposite party No.2 and perused the material available on record.
3. The instant application under Section 482 Cr.P.C. has been filed by the applicants for quashing the impugned charge sheet dated 15.01.2019 as well as impugned order dated 31.10.2019 passed by the learned Additional Chief Judicial Magistrate, Court No.28, Lucknow in Case No.95003 of 2019.
4. Learned counsel for the applicants has submitted that a first information report came to be lodged against the accused/ applicant on the basis of false facts in order to implicate the accused/ applicants.
5. His further submission is that there are vague and general allegations against all the accused/ applicants in the first information report, which do not constitute any offence as alleged in the first information report.
6. His next submi
Point of Law : No useful purpose shall be served by prolonging the proceedings of above mentioned case.
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.
The court can quash criminal proceedings under Section 482 Cr.P.C. when parties reach a genuine compromise, provided the offences are not of a serious nature.
The court has the power to quash criminal proceedings in cases involving compromise between the parties, considering the nature and gravity of the crime, societal impact, and the fairness of continui....
Quashing of criminal proceedings under Section 482 Cr.P.C. based on compromise is not permissible for offences affecting society, particularly those under the SC/ST Act.
The central legal point established in the judgment is that in matrimonial disputes, where the parties have resolved their entire dispute through compromise, the court can quash the criminal proceedi....
The central legal point established in the judgment is that the power of the High Court under Section 482 Cr.P.C. to quash criminal proceedings is not inhibited by the provisions of Section 320 Cr.P.....
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