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ARUN KUMAR SINGH DESHWAL
Fakre Alam @ Shozil – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
1. Heard Sri S.K. Tiwari, learned counsel for the applicant, Sri Jitendra Singh, learned counsel for O.P. No.2 as well as learned A.G.A. for the State.
2. The present 482 Cr.P.C. application has been filed to quash charge sheet dated 25.9.2016, cognizance order dated 10.2.2017, non-bailable warrant dated 10.5.2022 and entire proceeding of Case No. 294 of 2021 (State vs. Fakre Alam) arising out of Case Crime No. 330 of 2015, u/s 363, 366, 376(2N), 506 I.P.C. and 6 POCSO Act, P.S. Baradari, District Bareilly.
3. Contention of learned counsel for the applicant is that in her statement u/s 164 Cr.P.C., the victim has stated that she had willingly married to the applicant and she has been residing with him as his wife. Thereafter, compromise was also entered between the parties regarding this case because victim as well as applicant have been residing as husband and wife and age of the victim is also above 18 years as per the medical examination.
4. This Court vide order dated 28.1.2023 directed the court below to verify the compromise entered between the parties. In pursuance of the order of this Court, compromise between the parties has been verified by Additional Sessions Judg
The main legal point established in the judgment is that the prosecution cannot be quashed on the basis of compromise, especially in cases involving heinous and serious offences. The court emphasized....
The High Court can quash proceedings under Section 482 of Cr.P.C. for non-compoundable offences if the parties have amicably settled their dispute and the victim has willingly consented to the nullif....
Inherent powers under Section 482 of Cr.P.C. allow quashing of proceedings for non-compoundable offences if the parties have amicably settled and it serves the interest of justice.
The court may quash criminal proceedings involving non-compoundable offences based on post-offence reconciliation, considering the unique facts and societal interests.
The court affirmed that inherent powers under Section 482 of Cr.P.C. can be invoked to quash FIRs for non-compoundable offences when the parties have settled their disputes, particularly in cases inv....
The inherent power of the High Court under Section 482 CrPC allows quashing of proceedings when disputes are of a private nature and do not pose serious societal harm.
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