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SUPREME COURT
Not mentioned,
Naushey Ali, Khushboo Ali, Khursheed, Raza Ali, Nanhe – Appellant
Versus
Mahmood S/o late Abdul Lateef – Respondent
| Table of Content |
|---|
| 1. background of neighbour dispute and subsequent legal developments. (Para 2 , 3 , 4) |
| 2. identification of key legal issues regarding compromise and quashing. (Para 5 , 8 , 10) |
| 3. legal observations on the distinction between compounding and quashing of non-compoundable offences. (Para 6 , 7 , 9 , 12 , 13 , 14 , 15 , 16 , 17) |
| 4. court rationalizing the decision to quash proceedings based on the facts of the case. (Para 18 , 19 , 20) |
| 5. judgment outcome allowing the appeal and quashing the proceedings. (Para 21 , 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.
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