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IN THE HIGH COURT OF ALLAHABAD
Hon'ble Manju Rani Chauhan,J.
Fareed – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
Manju Rani Chauhan, J.
1. Heard Mr. Mohd. Arshad, learned counsel for the applicants, Mr. Mayank Awasthi, learned A.G.A. for the State and perused the records.
2. This application u/s 482 has been filed by the applicant with the prayer to quash charge sheet dated 15.03.2023 as well as cognizance order dated 21.04.2023 passed in Case No. 3846 of 2023 (State v. Fareed & others), arising out of Case Crime No. 319 of 2022, under Sections 498A, 323, 504, 506, 354(B) IPC and 3/4 D.P. Act, Police Station Ghaziabad Kotwali, District Ghaziabad, pending before the learned Additional Chief Judicial Magistrate, Ghaziabad-IV, Ghaziabad on the basis of compromise.
3. On 24.10.2024, the following order was passed:-
"1. Heard learned counsel for the applicants, Sri Triloki Singh, learned AGA for the State, and perused the record.
2. The present 482 Cr.P.C. application has been filed by the applicants to quash charge sheet dated 15.03.2023 as well as cognizance order dated 21.04.2023 passed in Case No. 3846 of 2023 (State v. Fareed & others), arising out of Case Crime No. 319 of 2022, under Sections 498A, 323, 504, 506, 354(B) IPC and 3/4 D.P. Act, Police Station Ghaziabad Kotwali, District Gh
Compromise can be accepted in cognizable and non-compoundable offences, provided it is verified by the court.
Compromises can be validated in non-compoundable offences, allowing for quashing of criminal proceedings if the parties amicably settle their disputes.
Compromise can be accepted in certain cognizable and non-compoundable offences, provided it is verified by the court.
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.
Compromise verified by the trial court can lead to quashing of criminal proceedings, even for cognizable offences, emphasizing judicial efficiency.
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....
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.
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