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MANOJ K. TIWARI
Prabhakar Singh – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT
Manoj K. Tiwari, J. - Heard learned counsel for the parties.
2. By means of this application under Section 482 Cr.P.C., applicants have challenged chargesheet No. 96 of 2022, summoning order and entire proceedings of Criminal Case No. 705 of 2022, under Sections 323, 504 and 498-A of I.P.C., pending in the court of learned Judicial Magistrate, Doiwala, Dehradun.
3. A compounding application, jointly signed by counsel for respondent no. 2 and counsel for the applicants, has been filed duly supported by affidavits of applicant nos. 2 & 3 and respondent no. 2 (complainant). Applicant no. 1 - Prabhakar Singh, who is husband of respondent no. 2, has filed his affidavit through his power of attorney/father (applicant no. 2 herein).
4. Learned counsel for the applicants submits that parties have amicably resolved the dispute, therefore, the matter needs to be compounded.
5. Learned counsel for respondent no. 2 submits that dispute has now been amicably settled between the parties, therefore, his client wants to close the matter to ensure that peace is restored.
6. Applicants and respondent no. 2 (complainant) are present through video conference before this Court today, who are duly id
The court can quash criminal proceedings based on an amicable settlement between the parties, especially when the possibility of conviction is remote and the desire for peace is evident.
The court established that inherent powers under Section 482 Cr.P.C. can be used to quash proceedings in personal disputes even if the offences are non-compoundable.
The court can quash criminal proceedings based on a compromise between the parties, especially when the possibility of conviction is remote and continuation of proceedings would result in oppression ....
The court can quash criminal proceedings based on a settlement between the parties and the nature of the offenses, following the guidelines laid down by the Hon’ble Apex Court.
The court can quash criminal proceedings based on compromise and settlement between the parties, even if the offence is non-compoundable, in order to establish peace and harmony.
The court can quash criminal proceedings based on compromise and settlement between the parties, even if the offences are non-compoundable, to establish peace and harmony.
Compounding of noncompoundable offences can be allowed to maintain peace and harmony between the parties, as per the ruling of Gian Singh v. State of Punjab and another, (2013) 1 SCC(Cri) 160.
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