ALOK KUMAR VERMA
Akhlak – 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.83 of 2022, “State vs. Akhlak and Others”, pending before the court of IInd Additional District and Sessions Judge, Haldwani, District Nainital under Sections 307, 323, read with Section 34, Section 504 and Section 506 of the Indian Penal Code, 1860.
2. All the three applicants – accused persons, namely, Akhlak, Iqbal and Bholu alias Afzal are present in-person before this Court.
3. The respondent no.3 Rehan Iliyas, the informant, and the respondent no.4 Rizwan Ansari alias Rizwan Iliyas, the injured, are present in-person before this Court.
4. Mr. Tajhar Qayyum, learned counsel for the applicants.
5. Mr. V.K. Jemini, learned Deputy Advocate General for the State.
6. Mr. Mehboob Rahi, learned counsel for the respondent no.3 and respondent no.4.
7. All the three applicants are identified by Mr. Tajhar Qayyum, Advocate.
8. The respondent no.3 and the respondent no.4 are identified by Mr. Mehboob Rahi, Advocate.
9. Both, the applicants, the respondent no.3 and the respondent no.4 submitted that there were private dis
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 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.
Quash of Criminal Proceeding - Amicable settlement – Power of High Court must have due regard to nature and gravity of crime - Ends of justice in terms of the compromise showing parties willingness t....
The central legal point established in the judgment is the wide plenitude of inherent power under Section 482 Cr.P.C. to quash criminal proceedings in which a compromise has been effected, not confin....
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