The Patna High Court allowed a compromise petition in a criminal case involving compoundable offences under Sections 323, 341, 504/34 IPC. Finding that continuance of proceedings would be an abuse of process, the entire proceeding was set aside.
Set aside of the entire criminal proceeding and cognizance order dated 12.12.2013.
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.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.9072 of 2014
Arising Out of PS.Case No. -147 Year- 2013 Thana -RAMKRISHNANAGAR District- PATNA
.... .... Petitioner/s
Versus
.... .... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Jharkhandi Upadhyay, Advocate. For the State : Mr. Pradip Nr.Kumar, APP For the O.P. No. 2 : Mr. Anil Kumar, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER
11 04-10-2017 Heard learned counsel for the petitioners as well as learned counsels appearing on behalf of the O.P. No. 2 and the State.
It is submitted by the parties that matter has been amicably compromised between both sides as they are neighbours and the alleged offence, in which cognizance has been taken, is compoundable in nature.
Cognizance has been taken in this case under Sections 323, 341 and 504/34 of the Indian Penal Code and all are compoundable in nature as per Section 320 of the Criminal
Patna High Court Cr.Misc. No.9072 of 2014 (11) dt.04-10-2017
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Procedure Code. So in view of compromise petition filed today by both sides, the Court finds that continuance of criminal proceeding would be an abuse of process of the court. Therefore, the entire criminal proceeding of Ram Krishna Nagar P.S.Case No. 147 of 2013 pending in the court of the Judicial Magistrate, 1st Class, Patna inclusive the cognizance order dated 12.12.2013 is set aside. In the result, the application stands allowed.
(Arun Kumar, J)
Sujit/-
U
2 issues framed by the court
Whether criminal proceedings can be set aside in view of an amicable compromise between sides for a compoundable offence?
What is the effect of a mutual compromise petition on pending criminal proceedings?
5 provisions across 2 enactments
Pooja Kumari
Mahesh Sharma
Mukesh Kumar
Guddu Sharma
Kanti devi
The State of Bihar
Arun Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
