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SHAMIM AHMED
Krishan Kumar Maheshwary – Appellant
Versus
State of U. P. – Respondent
Headnote: Read headnote
JUDGMENT
Shamim Ahmed, J.
Sri. Uday Bhanu Singh, Advocate has put in appearance on behalf of the opposite party no.2 by filing vakalatnama, which is taken on record.
2. Heard Shri. Anand Kumar Sharma, learned counsel for applicants, Shri. Uday Bhanu Singh, learned counsel for the opposite party no.2 and learned A.G.A., for the State as well as perused the record.
3. This application under section 482 Cr.P.C. has been filed with the prayer to quash the entire proceedings of Criminal Case No.36639 of 2018, Crime No.366 of 2017, under Sections 419, 420, 467, 468, 471 I.P.C., Police Station Talkatora, District Lucknow as well as to quash the charge sheet dated 31.03.2018 and summoning order dated 02.06.2018.
4. This Court on 21.05.2024 has passed the following order in Application Under Section 482 No.4620 of 2024:
The High Court can quash criminal proceedings under Section 482 Cr.P.C. if a compromise is reached between parties, provided the case does not involve serious offences.
The High Court can quash criminal proceedings based on compromise, even if the offence is non-compoundable, in accordance with the settled propositions by the Hon'ble Apex Court.
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 ....
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.
Section 482 preserves inherent powers of High Court to prevent an abuse of process of any court or to secure ends of justice.
The court can quash criminal proceedings under Section 482 Cr.P.C. if a voluntary compromise is reached and the likelihood of conviction is deemed remote.
The High Court can quash criminal proceedings if a compromise is reached, provided the nature of the crime allows for such action and the possibility of conviction is deemed remote.
Point of Law : No useful purpose shall be served by prolonging the proceedings of above mentioned case.
Gian Ssingh v. State of Punjab 2012 (10) SCC 303.
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