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RAHUL CHATURVEDI
Jhabbu Dubey alias Pradeep Kumar Dubey – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
RAHUL CHATURVEDI, J.
1. Heard Shri Jaisingh Yadav, Shri Achyut Jee, Shri Girish Singh, Shri Anil Kumar Yadav, Shri Ajeet Singh learned counsel for the appellants/applicant and Shri Animesh Srivastava, Shri Ashish Kumar, learned counsel for opposite party no. 2 as well as learned Additional Government Advocate for the State. Perused the record of the case.
2. The common prayer sought by these proceedings, is that the further proceedings of the respective cases which are pending against the accused-appellants before different courts at different stages may be dropped in the light of compromise/settlement between the parties. These cases relate to the relevant provisions of SC/ST Act along with sections of I.P.C. are also involved, for which accused-appellants are facing trial, meaning thereby, that the pending cases against the appellants/applicants may be quashed, as there is truce and settlement between the contesting parties and the informants of these cases are not inclined to prosecute the appellants/applicants in the light of compromise/settlement executed between the parties.
3. Before addressing on the merit of the case, it is desirable to give a bird’s eye view on the
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 main legal point established is that the court can quash criminal proceedings on the basis of a genuine settlement between the parties, especially in cases where the offences are not of a serious....
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.
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