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ALOK KUMAR VERMA
Firasat Ali alias Babu – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT :
Alok Kumar Verma, J.
The present Application has been filed under Section 482 of the Code of Criminal Procedure, 1973 to quash the entire proceedings of Criminal Case No.195 of 2022, “State vs. Firasat alias Babu and Others”, pending before the court of Judicial Magistrate, Jaspur, District Udham Singh Nagar.
2. Upon conclusion of the investigation, a charge-sheet was filed by the Investigating Officer.
3. Learned Trial Court has taken cognizance of the offence against the applicant no.1 – Firasat Ali alias Babu and applicant no.2 Mohd. Imran under Sections 323, 504 and 506 IPC, against the applicant no.3 Sarfaraz Ahmed under Sections 504, 506 IPC, and, against the applicant no.4 Saleem under Sections 354, 325, 504 and 506 IPC.
4. All the applicants are present in-person.
5. The respondent no.2, the informant and the victim, and, respondent nos. 3 to 6, the victims, are present in-person.
6. Mr. Mohit Kumar Kashyap, Advocate, for the applicants.
7. Mr. S.C. Dumka, learned AGA for the State.
8. Ms. Meenu Kashyap, Advocate, for the respondent nos.2 to 6.
9. Applicants have been identified by Mr. Mohit Kumar Kashyap, Advocate. Respondent nos.2 to 6 are identified by Ms. Meenu Kashyap
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 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 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 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....
Powers of High Court under Section 482 to quash criminal proceedings where dispute is of a private nature and a compromise is entered into between the parties who are willing to settle their differen....
High Court may quash the criminal proceeding if in view of the compromise between the disputants, the possibility of a conviction is remote and the continuation of a criminal proceeding would cause o....
Point of Law : Quash of criminal proceedings – Compromise - Even if, the trial is allowed to be continued, as the parties have compromised the matter, there are bleak chances of conviction to secure ....
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