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SUBHASH VIDYARTHI
Bahori Lal – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
SUBHASH VIDYARTHI, J.
1. Heard Sri Nishant Srivastava, Advocate holding brief of Sri Rizwanul Haque Ansari, the learned counsel for the applicant and Sri Rishikesh Verma, the learned A.G.A. appearing on behalf of the State.
2. By means of the instant application filed under Section 482 Cr.P.C.the applicant has sought quashing of the summoning order dated 18.08.2022 and the proceedings of Compliant Case No. 100/2018, under Section 376, 506 I.P.C. (Sushila Devi vs. Bahorilal) which is pending in the Court of Additional Chief Judicial Magistrate-I, District Kheri, on the ground that the parties have entered into a settlement claiming for closer of the criminal proceedings instituted by the opposite party no. 2 against him.
3. The opposite party no. 2 had filed an application under section 156 (3) Cr.P.C. on 23.02.2016 alleging that when she had gone to attend call of nature at about 6:00 am on 09.02.2016 towards in a grave situated towards a north of a village, the applicant assaulted her with a butt of a pistol and raped her after threatening her. When she got herself freed and raised a hue and cry, Raja Ram and Lalla etc. reached on the spot and thereafter the applicant ran a
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 ....
The court can quash criminal proceedings based on a compromise between the parties, especially in cases where the allegations could not be established and the continuance of the proceedings would be ....
High Court quashed abetment proceedings on victim-husband compromise after main rapist accused died, as conviction remote, parties harmonious, invoking Section 482 CrPC sparingly for non-compoundable....
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.
Serious and heinous offences, especially those affecting the society at large, cannot be quashed based on a settlement between the parties, as it is in the interest of society that the offender shoul....
The main legal point established in the judgment is that heinous and serious offences, such as those under Sections 498A and 304B of the Indian Penal Code, should not be quashed based on a settlement....
The High Court cannot quash criminal proceedings for serious offences like abetment of suicide based on a settlement, as such crimes impact society and require trial.
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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