ANIL MISHRA versus STATE OF U.P. & ORS.

ANIL MISHRA versus STATE OF U.P. & ORS.

The High Court erred in quashing the FIR and proceedings on the basis of a settlement agreement because the original complainant and injured victim was neither a party to nor agreed to the settlement; therefore the Impugned Order did not secure the ends of justice nor prevent abuse of process as required under the principles in Gian Singh, and must be set aside with restoration of proceedings to the Trial Court.

Parties
Appellant: Anil Mishra; Respondent(s): State of U.P. & Ors.
Jurisdiction
India
Judgment Date
01 March 2024
Procedural Posture
Criminal Appeal / Appeal Against High Court Order Allowing Section 482 Cr PC Petition to Quash FIR and Proceedings
Outcome
Appeal allowed
Legal Topics
Quashing Under Section 482 Cr PC, Settlement Agreement, Settlement and Compromise, Complainant Not Party to Settlement Agreement, Non Compoundable Offences, Exercise of Jurisdiction Under Section 482 Cr PC
Criminal Procedure Criminal Law Quashing Under Section 482 Cr PC Settlement Agreement Settlement and Compromise Complainant Not Party to Settlement Agreement Non Compoundable Offences Exercise of Jurisdiction Under Section 482 Cr PC

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Parties

Anil Mishra

Appellant

State of U.P. & Ors.

Respondent(s)

Procedural Posture

Criminal Appeal / Appeal Against High Court Order Allowing Section 482 Cr PC Petition to Quash FIR and Proceedings

Legal Issues

  1. 1 Whether the High Court was justified in quashing the FIR and proceedings on the basis of a settlement agreement to which the original complainant/injured victim was not a party
  2. 2 Whether compromise between a victim and accused permits quashing of criminal proceedings under Section 482 CrPC having regard to the nature and gravity of offences and the ends of justice

Ratio Decidendi

The High Court erred in quashing the FIR and proceedings on the basis of a settlement agreement because the original complainant and injured victim was neither a party to nor agreed to the settlement; therefore the Impugned Order did not secure the ends of justice nor prevent abuse of process as required under the principles in Gian Singh, and must be set aside with restoration of proceedings to the Trial Court.

Court Disposition

Appeal allowed

Orders

  • Impugned Order dated 06.04.2023 set aside
  • Proceedings emanating from FIR Case No. 1288 of 2003 restored to the file of the Trial Court