Lawstreet Journal

Continuation Of Criminal Proceedings After Compromise Cause Oppression & Prejudice To Parties Says Prayagraj HC [Read Order]

Lawstreet Journal 11 Nov 2019 6:41pm

Image courtesy: Lawstreet Journal Judiciary Continuation Of Criminal Proceedings After Compromise Cause Oppression & Prejudice To Parties Says Prayagraj HC [Read Order]

The Prayagraj High Court on October 30, 2019, in the case of Smt. Gomti Devi And Others v. State of U.P. and Another, has held that after parties enter into a compromise/settlement continuation of criminal proceedings would cause oppression and prejudice to the parties concerned.

The single-judge Bench of Justice Sanjay Kumar Singh was hearing an application filed under Section 482 of the Code of Criminal Procedure, 1973, for quashing the charge sheet as well as criminal proceedings arising out of a case filed under Section 420 of the Indian Penal Code, 1860against the opposite party. 

The applicant submitted before the court that on account of compromise entered into between the parties concerned, all disputes between them have come to an end and in respect to that continuance of criminal proceedings between the parties would be a futile exercise, therefore, same is liable to be quashed by this Court. This submission was not disputed by the opposite party. 

After hearing both the parties, the court observed that “The inherent jurisdiction of this Court may be suitably exercised if the parties inter-se have mutually decided to bury the hatchet and settle the matter amicably in between them in a criminal litigation emanating from such dispute which are quintessentially of civil nature and other criminal litigations, which do not have grave and deleterious social fall-outs.”

Thus accepting the application, the court said that, 

"After compromise/settlement arrived at between the parties in the present case, the chance of ultimate conviction is bleak and… Continue Reading...


Tagged: Allahabad High Court  
Disclaimer: SoOLEGAL in Media collaboration with Lawstreet Journal. SoOLEGAL take no responsbility for the content provided by Lawstreet Journal. For any discrepancies Contact Lawstreet Journal.
Did you find this write up useful? YES 0 NO 0
×

C2RMTo Know More

Something Awesome Is In The Work

0

DAYS

0

HOURS

0

MINUTES

0

SECONDS

Sign-up and we will notify you of our launch.
We’ll also give some discount for your effort :)

* We won’t use your email for spam, just to notify you of our launch.
×

SAARTHTo Know More

Launching Soon : SAARTH, your complete client, case, practise & document management SAAS application with direct client chat feature.

If you want to know more give us a Call at :+91 98109 29455 or Mail info@soolegal.com