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IN THE HIGH COURT OF ALLAHABAD
Hon'ble Manju Rani Chauhan,J.
Anil Kumar – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
Manju Rani Chauhan, J.
1. Heard Mr. Yogesh Kumar Tiwari, learned counsel for the applicants, Mr. Sanjay Kumar Tripathi, learned counsel for the opposite party no.2 as well as Mr. Satyendra Nath Tiwar, learned AGA for the State and perused the record.
2. By means of Application U/s 482 No. 29776 of 2021, the applicant-Anil Kumar has challenged the proceedings of Criminal Case No. 284 of 2020, State v. Sudhir Nishad and others, pending th before Additional Chief Judicial Magistrate-V , Jaunpur arising out of Case Crime No. 345 of 2018, under Sections 498-A, 506, 376, 313 IPC, Police Station Badlapur, District Jaunpur and by means of Application U/s 482 No. 33155 of 2024 the applicants - Sudheer Nishad, Sabhajeet and Vimla Devi have challenged order dated 30.07.2024 passed by Sessions Judge, Jaunpur as well as entire proceedings of Sessions Trial No. 362 of 2022, State v. Sudheer Nishad and others, arising out of Case Crime No.345 of 2018, against the applicant no.1-Sudheer Nishad, underSections 323, 504, 498-A, 313 I.P.C. and against the applicant no.2- Sabhajeet and applicant no.3-Vimla Devi, under Sections 323, 498-A, 313 I.P.C., Police Station-Badlapur, District-Jaunpur.
3.
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 cognizable and non-compoundable offences, provided it is verified by the court.
Compromise can be accepted in certain cognizable and non-compoundable offences, provided it is verified by the court.
Compromise verified by the trial court can lead to quashing of criminal proceedings, even for cognizable offences, emphasizing judicial efficiency.
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.
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 court has inherent powers to quash convictions based on compromise, considering the voluntariness of the settlement and the absence of public disturbance.
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.
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