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IN THE HIGH COURT OF ALLAHABAD
Hon'ble Sanjay Kumar Pachori,J.
Mohd. Momin – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
Sanjay Kumar Pachori, J.
1. Supplementary affidavit filed today by learned counsel for the applicants is taken on record.
2. Heard Sri Anand Kumar Singh, learned counsel for the applicants, Sri Dan Bahadur Yadav, learned counsel for the opposite party no. 2, Sri R.K. Singh, learned A.G.A. for the State and perused the material on record.
3. The present application under Section 482 of the Code of Criminal Procedure, 1973 has been filed for quashing the entire proceeding of Case No. 16454 of 2020 (State Vs. Mohd. Momin and others), arising out of Case Crime No. 26 of 2020, under Sections 452, 354, 504 , 506 of Indian Penal Code, registered at Police Station-Bajaria, District-Kanpur Nagar as well as cognizance/summoning order dated 3.10.2020, pending in the court of Special Chief Judicial Magistrate, Kanpur Nagar on the basis of compromise executed between the parties on 29.7.2024.
4. Learned counsel for both the parties jointly submit that the parties have settled their dispute out of the court with regard to offence punishable under Sections 452, 354, 504, 506, I.P.C. by way of compromise on 29.7.2024 and the said compromise was verified on 19.10.2024. Certified copy of the v
The High Court can quash non-compoundable criminal proceedings under Section 482 when the parties have amicably settled their dispute, provided the offences are not serious in nature.
The power to quash criminal proceedings based on a settlement between the parties depends on the facts and circumstances of each case, and the court must consider the nature and gravity of the crime,....
The court has the inherent power to quash criminal proceedings in accordance with the guidelines engrafted in such power, especially in cases where the possibility of conviction is remote and bleak, ....
The court can exercise its inherent jurisdiction under Section 482 Cr.P.C to quash criminal proceedings when the parties have settled their dispute amicably, and there is no possibility of conviction....
The settlement between the parties and mutual divorce under Section 13-B of the Hindu Marriage Act, 1955, can justify the quashing of criminal proceedings under Section 482 of the Code, especially in....
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