If Parties can satisfy dispute amicably then the Courts have power to quash the criminal proceedings
Case : Dilbagh Singh v. State of Uttarakhand,2018 SCC Utt 569
Bench: Single judge bench comprising of Justice V.K Bisht.
Facts of the case
A Criminal miscellaneous petition was filed U/s 482 of CrPC for quashing the pending proceeding against the petitioner in the trial court. The petitioner was booked as a co-accused in a criminal case for the offended punishable U/S 147, 323, 420, 468, 471, 504, 506 of IPC. Along with the petition a compounding application was filed which contained affidavits filed by the petitioner-accused and the respondent-complainant. In the compound application it was stated that the petitioner and the respondent had entered into an amicable settlement, and the respondent did not want to prosecute the case any further.
Observations of the court.
The court observed that the petitioner and respondent were present in the court, they were duly identified by their respective counsels and the parties opted for an amicable compromise of the dispute.
Judgment of the court
The High Court after relying on the Supreme Court’s judgment in the case of Gian Singh v. State of Punjab,wherein it was held that criminal proceedings can be quashed by the Court, if the Court is satisfied that the matter has been settled between the parties amicably and the parties are interested to restore peace and harmony between them. The High Court after considering the submissions and going through the entire record, was satisfied that the parties had settled the dispute amicably. Thus, the High Court allowed the petition and quashed the criminal proceedings pending against the petitioner before the trial court. The compounding application was disposed of accordingly.
- Devesh Tripathi