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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
Hon'ble Ajay Bhanot,J.
Sandeep Alias Prabhakar – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
Dinesh Pathak, J.
1. Heard learned counsel for the applicants, learned counsel for the complainant-opposite party nos.2 & 3 as well as learned A.G.A. for the State and perused the record on board.
2. The applicants have invoked the inherent jurisdiction of this Court under Section 482 Cr.P.C . for quashing the quash the charge sheet dated 02.05.2011 as well as the summoning order dated 02.06.2011 and the entire proceedings of S.T. No.280/2011 (State v. Veer Bahadur & another), arising out of Case Crime No.50 of 2011, under Sections 323, 504 , 506 IPC and Section 3(1)(x) of SC/ST Act, Police Station- Phephna, District- Ballia, pending before learned Special Judge, SC/ST, Act, Ballia.
3. During the pendency of the criminal proceedings, both the parties have amicably settled their dispute out of the Court and arrived at compromise. Having considered the amicable settlement took place between the parties, this Court, vide its order dated 29.08.2024, has relegated the parties before the court below to get their compromise verified. Simultaneously, concerned District Magistrate was directed to submit a report regarding the return of compensation amount. For ready reference, order
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.
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.
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.
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....
The court's decision emphasized the voluntary nature of the compromise, the impact of the offences on public peace and moral fabric of society, and the exercise of inherent power under section 482 Cr....
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....
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