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SUPREME COURT
, J
Naushey Ali, Khushboo Ali, Khursheed, Raza Ali, Nanhe – Appellant
Versus
Mahmood S/o late Abdul Lateef – Respondent
| Table of Content |
|---|
| 1. basic facts of the case and initial proceedings. (Para 2 , 3) |
| 2. the arguments presented by the parties regarding the quashing of proceedings. (Para 4 , 5 , 6) |
| 3. court's observations on the distinction between compounding and quashing. (Para 7 , 8) |
| 4. key legal principles regarding the court's authority to quash based on settlement. (Para 12 , 18) |
| 5. final conclusion and the court's decision on the appeal. (Para 22 , 23 , 24) |
1. Leave granted.
2. The present appeal calls in question the correctness of the order dated 19/01/2023 in Application under S.482 CrPC No. 1315 of 2023 on the file of the High Court of Judicature at Allahabad. By the said order, the High Court, by holding that a case involving allegation of Commission of offence under S.307 of the Indian Penal Code, 1860 (for short ' IPC ') cannot be compounded, dismissed the application under S.482 CrPC, seeking quashment of proceedings. Five of the eight appellants before the High Court - Naushey Ali, Khushboo Ali, Khursheed, Raza Ali and Nanhe - are before this Court in Appeal. The other three have passed away.
3. The facts of the case lie in a very narrow compass.
i) The appellants and respondent No.2 Mahmoo
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