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IN THE HIGH COURT OF ALLAHABAD
Hon'ble Samit Gopal,J.
Shitanshu Sharma – Appellant
Versus
State of U.P. – Respondent
Hon'ble Samit Gopal,J.
1. List revised.
2. Heard Sri Supriy Mishra, Advocate holding brief of Sri Anurag Pathak, learned counsel for the applicant, Sri Rakesh Kumar Tripathi, Advocate holding brief of Sri Narendra Kumar Tiwari, learned counsel for the opposite party no.2 and Sri Ajay Singh, learned A.G.A.-I for the State and perused the record.
3. This application under Section 482 Cr.P.C. has been filed by the applicant- Shitanshu Sharma, with the prayer to allow this application and quash the entire proceeding as well as impugned order dated 13.10.2023, in Case No. 11 of 2021 on the basis of Compromise / Settlement taken place between the parties, arising out of Case Crime No. 480 of 2020, under Sections 504, 506 and 353 I.P.C., Police Station George Town, District Prayagraj, pending in the court of Additional Chief Judicial Magistrate-07, Prayagraj, with a further prayer to quash the Section 353 I.P.C. in alternate due to which the learned trial court after verifying the Compromise entered in between the parties, passed the impugned order dated13.10.2023.
4. During the course of argument it was submitted before the Court on 04.12.2023 that the parties have entered into a compromise
The court can quash criminal proceedings based on a compromise between parties, provided the necessary legal requirements are met, especially when a public servant is involved.
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.
Point of Law : Continuance of proceedings of case even after the parties have entered into a compromise would only result in persecution of applicants, which would give rise to a failure of justice.
The High Court has the power to quash non-compoundable offences on the basis of compromise between the disputing parties, especially in cases where the offences are predominantly of a private nature ....
The inherent power of the High Court to quash criminal proceedings based on compromises when the likelihood of conviction is minimal and justice favors dismissal.
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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