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ANISH KUMAR GUPTA
Mohit Soni – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
1. Heard Sri Aakash Kishan, Advocate holding brief of Sri Ashok Gupta, learned counsel for the applicant, Sri C.P. Awasthi, Advocate holding brief of Sri Shashi Kumar Verma, learned counsel for the opposite party no.2 and Sri Prem Prakash Tripathi, learned A.G.A. for the State.
2. The instant application under Section 482 Cr.P.C. has been filed seeking quashing of the Charge Sheet No. 114/17 dated 20.06.2017 in Case No. 3056/IX of 2017 (State vs. Mohit Soni), arising out of Case Crime No. 201 of 2017 u/S 493, 376, 504, 506 I.P.C., P.S.-Rajapur, District-Chitrakoot, pending in the court of learned Chief Judicial Magistrate, Chitrakoot.
3. Learned counsel for the applicant submits that in the instant case, after the pleadings were exchanged, the opposite party no.2 has filed a joint affidavit in the form of compromise before the learned Trial Court, which has been taken on record by the learned Trial Court and learned counsel for the opposite party no.2 does not dispute the said fact. In the said compromise, the opposite party no.2 has stated that she does not wish to prosecute her case against the applicant herein as she has already married to someone else and is settled in
The inherent power of the High Court under Section 482 of the Code of Criminal Procedure can be exercised to quash criminal proceedings even in cases where the offences are non-compoundable, if the C....
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The court emphasized the careful exercise of the power to quash criminal proceedings, especially in cases involving heinous and serious offences, and highlighted the wide inherent powers of the High ....
Point of law: Section 320 of Cr. P.C does not limit or control exercise of powers vested in Court under section 482 of Cr.P.C
Point of law: Section 320 of Cr. P.C does not limit or control exercise of powers vested in Court under section 482 of Cr.P.C.
Dealing With a Plea That Dispute Has Been Settled - In the exercise of the power under Section 482 and while dealing with a plea that the dispute has been settled, the High Court must have due regard....
The main legal point established in the judgment is that the quashing of criminal proceedings based on compromise between the parties should be considered in light of the nature and gravity of the of....
The court can exercise its inherent power under Section 482 Cr.P.C. to quash criminal proceedings for non-compoundable offences based on the settlement between the parties, to secure the ends of just....
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