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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Alok Kumar Verma, J.
Firasat Ali alias Babu and three Others - Applicants
Vs.
State of Uttarakhand and five Others - Respondents
Criminal Miscellaneous Application No.108 Of 2024
Decided On : 18-01-2024
QUASHING - CRIMINAL PROCEDURE - The court exercised its inherent jurisdiction under Section 482 of the Code of Criminal Procedure, 1973, to quash the proceedings of a criminal case after the parties involved reached a private settlement, emphasizing the importance of substantial justice and the resolution of disputes between the parties.
Fact of the Case:
The application was filed to quash the proceedings of Criminal Case No.195 of 2022 against several applicants charged under various sections of the IPC. The parties involved, including the informant and victims, expressed that they had resolved their disputes amicably and sought to have the case dismissed based on this compromise.
Finding of the Court:
The court found that allowing the proceedings to continue would deny the parties complete justice, and since the state did not oppose the compromise, it was appropriate to exercise its inherent jurisdiction.
Issues: Whether the court should quash the criminal proceedings based on the parties' mutual agreement to resolve their disputes.
Ratio Decidendi: The court held that the inherent jurisdiction under Section 482 of the CrPC can be invoked to quash proceedings when the parties have settled their disputes, thereby promoting substantial justice.
Result: The application under Section 482 of the CrPC was allowed, and the entire proceedings of Criminal Case No.195 of 2022 were quashed.
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, Advocate.
10. Both, applicants and the respondent nos.2 to 6 submitted that they have resolved their private disputes and after resolving their disputes, a Compounding Application (IA No.02 of 2024) along with affidavits with their free will and without any pressure have been filed. They have requested to decide the present matter on the basis of the compromise.
11. The said submissions of the applicants and the private respondents have not been opposed by the State.
12. In view of the above, if the proceedings are allowed to continue, it would amount to denial of complete justice to the parties. Therefore, it is a fit case, in which, the inherent jurisdiction of this Court should be exercised to do real and substantial justice.
13. Consequently, the present Application (No.108 of 2024), filed under Section 482 of the Code of Criminal Procedure, 1973, is allowed. 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, are quashed.
AI
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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