ALOK KUMAR VERMA
Vijay Kumar And Four Others – Appellant
Versus
State of Uttarakhand And Four Others – Respondent
JUDGMENT
Alok Kumar Verma, J. - The applicants - accused persons, namely, Vijay Kumar, Smt. Vimal, Sarita, Sonam and Rubi have invoked the inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, 1973, to quash the impugned charge-sheet, cognizance/ summoning order dated 19.02.2021 and the entire proceedings of Criminal Case No.1359 of 2021, 'State of Uttarakhand vs. Vimla Devi and Others', pending before the court of Additional Chief Judicial Magistrate/ IVth Additional Senior Civil Judge, Udham Singh Nagar.
2. Subsequent to submission of the charge-sheet, learned Trial Court took the cognizance and passed the impugned summoning order against the applicants - accused persons for the offence under Sections 147, 148, 149, 324, 504 and 506 of the Indian Penal Code, 1860.
3. Heard Mr. Vikas Kumar Guglani, learned counsel for the applicants - accused persons, Mr. T.C. Agarwal, learned Deputy Advocate General for the State and Mr. B.S. Koranga, learned counsel for the private respondent nos.2 to 5/victims.
4. All the applicants - accused persons are present in-person with their learned counsel.
5. Respondent no.2 Smt. Lakshmi Devi, informant/victim, respondent
Private disputes resolution and filing of Compounding Application can be considered for quashing criminal proceedings under Section 482 of the Code of Criminal Procedure.
The court can exercise its inherent jurisdiction to quash criminal proceedings if the parties have resolved their disputes and filed a joint Compounding Application, serving the ends of justice.
The settlement between the parties and the joint Compounding Application can be considered for quashing criminal proceedings under Section 482 of the Code of Criminal Procedure.
The inherent jurisdiction under Section 482 of the Code of Criminal Procedure can be exercised to quash criminal proceedings when private disputes are resolved and parties express their desire to not....
The resolution of matrimonial disputes and mutual compounding application can be considered as grounds for quashing criminal proceedings under Section 482 of the Code of Criminal Procedure, 1973.
The court established that mutual consent and resolution of disputes between parties can lead to the quashing of criminal proceedings under Section 482 of the Code of Criminal Procedure.
The court's inherent jurisdiction under Section 482 of the Code should be exercised sparingly and with caution, and the power of quashing should be exercised only in the 'rarest of rare cases'. The c....
Power under Section 482 Cr.P.C. at pre-trial stage should not be used in a routine manner, but it has to be used sparingly, only in such an appropriate cases, where it manifestly appears that there i....
The power of quashing criminal proceedings under Section 482 of the Code should be exercised sparingly and only in exceptional cases where no cognizable offense is disclosed in the FIR.
The Court's inherent jurisdiction can be exercised to quash criminal proceedings when allowing the proceedings to continue would amount to denial of complete justice to the parties involved.
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