Court allowed application under Section 482 CPC to quash criminal proceedings following an amicable settlement between parties, enabling conviction quash.
Criminal proceedings under Sections 406, 420, 504, 354B IPC in Case No. 319 of 2015 quashed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 15
Case :- APPLICATION U/S 482 No. - 39455 of 2016
Applicant :- Sompal Kashyap Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Amit Singh Chauhan Counsel for Opposite Party :- G.A.,Arbind Kumar
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the parties and perused the record.
This application under Section 482 of the Code of Criminal Procedure, 1973 (in short 'Code') has been filed on behalf of the applicant with a prayer to quash the entire proceedings of Case No. 319 of 2015 (State v. Sompal Kashyap) under Sections406, 420, 504, 354B of the Indian Penal Code, 1860, Police Station - Bilsalpur, District - Pilibhit, pending in the court of Civil Judge(Junior Division)/Judicial Magistrate, Bisalpur, Pilibhit.
Opposite party no. 2 (Smt. Usha Devi) filed affidavit stating that matter has been amicably settled between the parties.
Learned counsel for the parties submit that they have amicably settled the dispute between them.
Hon'ble Apex Court in Parbatbhai Aahir alias Parbatbhai Bhimsinhbhai Karmur and Others v. State of Gujarat and Another reported in (2017) 9 SCC 641 has held as follows:-
"16.9. In such a case, the 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 oppression and prejudice;"
As the matter has been amicably settled between the parties through mediation accordingly, the conviction of the applicant is least possible.
In view of above, the prayer so made is accepted and the proceedings of the aforesaid case is quashed. In the result, application under Section 482 of the Code stands allowed.
Order Date :- 14.12.2018
VG..
1 issue framed by the court
Whether criminal proceedings can be quashed under Section 482 CPC upon an amicable settlement between the parties.
Colour shows how this judgement treated each authority
2 provisions across 2 enactments
Sompal Kashyap
Umesh Chandra Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
