Back
CHANDRA KUMAR RAI
Ibne Haidar – Appellant
Versus
State Of U. P. – Respondent
JUDGMENT :
Chandra Kumar Rai, J.
1. Supplementary affidavit filed on behalf of the applicants, is taken on record.
2. Heard Sri Sanjay Kr. Srivastava, learned counsel for the applicants, Sri Shushil Kumar Pandey, Advocate holding brief of Sri Ayush Srivastava, learned counsel for the opposite party nos. 2 to 8 and learned AGA for the State/opposite party no. 1.
3. The instant application under section 482 Cr.P.C. has been for quashing the entire proceeding of S.T. No. 62 of 2017 (State Vs. Ibne Haidar & others) Case Crime No. 28 of 2016, u/s 147, 148, 149, 452, 323, 324, 325, 427, 307, 308, 34 IPC, P.S. Kithore, District Meerut for the charge sheet dated 04.04.2016 and its order of cognizance dated 11.04.2016 (Against applicant no. 1) as well as S.T. No. 963 of 2019 (State Vs. Akeel Haidar & others), Case Crime No. 28 of 2016, u/s 147, 148, 149, 323, 324, 325, 504, 506, 307, 308, 452, 427, 34 IPC, P.S. Kithore, District Meerut for the charge sheet dated 19.04.2019 and its order of cognizance dated 25.06.2019 (Against the applicant nos. 2 to 9), pending before the court of learned Additional Sessions Judge, Court No. 3, Meerut.
4. Brief facts of the case are that the opposite party no. 2
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.
Quashing of criminal proceedings under Section 482 Cr.P.C. based on compromise is not permissible for offences affecting society, particularly those under the SC/ST Act.
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....
Compromise in non-compoundable matrimonial offences can be accepted to prevent injustice if the parties resolve their disputes, considering the nature of the 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.
Quash of Criminal Proceedings - Amicably settlement - Since the parties had settled their disputes and the complainant agreed that the criminal proceedings need not be continued, the criminal proceed....
The court can quash criminal proceedings under Section 482 Cr.P.C. when parties reach a genuine compromise, provided the offences are not of a serious nature.
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
