Kailash Chand Sharma@ Kailashi vs State of U. P.

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(All) 2750

SHEKHAR KUMAR YADAV
Kailash Chand Sharma@ Kailashi – Appellant
Versus
State of U. P. – Respondent

Advocates appeared:
For the Applicant : Pankaj Dwivedi
For the Opposite Party : G.A.,Rajendra Kumar Singh

Table of Content
1. applicants seek to quash proceedings based on compromise. (Para 3 , 4)
2. parties have amicably settled the dispute. (Para 5 , 6 , 7)
3. court's discretion to quash non-compoundable offenses. (Para 8 , 9 , 10)
4. court may quash proceedings if continuation is futile. (Para 11 , 12)
5. proceedings quashed; petition allowed. (Para 13 , 14)

JUDGMENT

Shekhar Kumar Yadav, J.

Heard learned counsel for the applicants, learned AGA for the State and learned counsel for the private respondent and perused the record.

2. Supplementary affidavit filed today is taken on record.

3. By way of present application, applicant made a prayer to quash the entire proceedings of Special Session Trial No. 198 of 2020, arising out of Case Crime No. 195 of 2019, under Sections 147 , 427, 504, 506 IPC and Section 3(2)(Va), 3(1)(Da) and 3(1)(Dha) of SC/ST Act, P.S. Jagner, District Agra including the charge sheet and summoning order on the basis of compromise dated 19.10.2022.

4. Learned counsel for the applicant submitted that pursuant to order dated 17.4.2023, compromise deed entered into between the parties was sent to trial court for verification. He further submitted that pursuant to the said