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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
ANISH KUMAR GUPTA
Ankur – Appellant
Versus
State of U.P. – Respondent
| Table of Content |
|---|
| 1. quashing of charge sheet due to compromise. (Para 2 , 3) |
| 2. verification of compromise matter. (Para 5) |
| 3. public interest in prosecution matters. (Para 6 , 8) |
| 4. nature of dispute affecting societal interests. (Para 7 , 9) |
| 5. criteria for exercising inherent powers of the court. (Para 11 , 12 , 13 , 14) |
| 6. distinction between private and public interest offences. (Para 15 , 16) |
| 7. application dismissal despite compromise. (Para 18 , 19) |
JUDGMENT :
Anish Kumar Gupta,J.
1. Heard Sri Rajiv Kumar, learned counsel for the applicants, Sri Vijay Kumar, Advocate holding brief of Sri Awadh Pratap Singh Sisodiya, learned counsel for opposite party no.2 and Sri Rizwan Ahmad, learned AGA for the State.
2. The instant application under Section 482 Cr.P.C. has been filed seeking quashing of the charge sheet dated 05.09.2024 as well as the entire proceeding of Case No. 9894/IX arising out of Case Crime No. 403 of 2016 ( Stte of U.P. vs. Abhishek and others ), under Sections 323 , 452, 504 and 506 IPC & 3 (1) (10) of SC/ST Act, P.S. Jhinjhana, District Shamli, pending in the court of Chief Judicial Magistrate, Muzaffarnagar.
3. During the pendency of the proceeding before the trial 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.
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.
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....
Offences under Section 307 IPC are serious and heinous, lacking the possibility of being quashed based on private compromise. Hence, societal interest in prosecuting such crimes prevails.
The court upheld that FIRs in non-heinous offences can be quashed if there is an amicable settlement between the parties, particularly when the case involves family relationships and no societal harm....
The main legal point established in the judgment is that the court has the inherent power to quash criminal proceedings based on a compromise between the parties, even if the offences are non-compoun....
High Court can quash non-compoundable FIRs under Section 482 when parties reach amicable settlements, preserving justice and avoiding abuse of process.
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