ALOK KUMAR VERMA
Shyam Babu @ Shyam Kumar Yadav – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT :
Alok Kumar Verma, J.
The applicant-accused Shyam Babu @ Shyam Kumar Yadav has invoked the inherent jurisdiction under Section 482 of the Code of Criminal Procedure, 1973 to quash the entire proceedings of Criminal Case No. 2025 of 2017, “State Vs. Shyam Babu @ Shyam Kumar Yadav”, pending before the Court of IInd Additional Chief Judicial Magistrate, Dehradun.
2. Subsequent to submission of charge-sheet, learned Trial Court took the cognizance and passed the summoning order dated 28.05.2017 against the present applicant for the offence punishable under Sections 354Kha, 323, 504 & 506 IPC.
3. Heard Mr. Rajat Mittal, learned counsel for the applicant, Mrs. Manisha Rana Singh, learned A.G.A. for the State and Mr. Kamlesh Tiwari, learned counsel for the respondent no.2.
4. The applicant-Shyam Babu @ Shyam Kumar Yadav is present through Video Conferencing, and, he is identified by Mr. Rajat Mittal, Advocate.
5. Respondent no. 2-Smt. Leela Sharma is present through Video Conferencing. She is identified by Mr. Kamlesh Tiwari, Advocate.
6. Both, the applicant and the respondent no. 2 submitted that there were private disputes between them and they have resolved their disputes. After res
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....
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 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 settlement between parties can justify the quashing of criminal proceedings under Section 482 of the CrPC, emphasizing the principle of substantial 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 central legal point established is that the power to quash a criminal proceeding should be exercised to prevent abuse of process of law and to secure the ends of justice, particularly in cases wi....
The power to quash criminal proceedings should be exercised to prevent abuse of process of law and to secure the ends of justice, especially in cases where the possibility of conviction is remote and....
High Court may quash non-heinous private dispute proceedings under inherent powers where parties fully compromise, conviction becomes remote, and continuation abuses process.
Quashing of criminal proceedings under Section 482 CrPC is not warranted when allegations disclose cognizable offences and must be adjudicated at trial.
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