NAUSHEY ALI & ORS. versus STATE OF U.P. & ANR.

NAUSHEY ALI & ORS. versus STATE OF U.P. & ANR.

The High Court order was set aside and the proceedings quashed because, on the facts and material (police final report, medical evidence showing contusions and a fracture of the distal phalanx of the left ring finger, absence of specific individual role and the settlement between the parties), Section 307 IPC was not made out either alone or with Section 149 IPC; mere invocation of Section 307 in the FIR does not preclude quashing under Section 482 Cr.P.C. where continuation would be futile and ends of justice require it.

Parties
Appellant: Naushey Ali; Appellant: Khushboo Ali; Appellant: Khursheed; Appellant: Raza Ali; Appellant: Nanhe; Respondent: State of U.P.; Respondent: Mahmood S/o late Abdul Lateef
Jurisdiction
India
Judgment Date
10 February 2025
Procedural Posture
Criminal Appeal / Appeal to the Supreme Court Against High Court Order in Criminal Misc. Application Under Section 482 Cr.p.c. No.1315 of 2023 Seeking Quashment of Proceedings
Outcome
Appeal allowed; impugned High Court order set aside; proceedings quashed
Legal Topics
Section 482 Cr PC, Section 307 IPC, Quashing of Proceedings, Compounding, Settlement, Compromise, Section 149 IPC, Nature of Injury, Nature of Weapon, Abuse of Process
Criminal Law Criminal Procedure Section 482 Cr PC Section 307 IPC Quashing of Proceedings Compounding Settlement Compromise +4 more

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Parties

Naushey Ali

Appellant

Khushboo Ali

Appellant

Khursheed

Appellant

Raza Ali

Appellant

Nanhe

Appellant

State of U.P.

Respondent

Mahmood S/o late Abdul Lateef

Respondent

Procedural Posture

Criminal Appeal / Appeal to the Supreme Court Against High Court Order in Criminal Misc. Application Under Section 482 Cr.p.c. No.1315 of 2023 Seeking Quashment of Proceedings

Legal Issues

  1. 1 Whether proceedings could be quashed under Section 482 Cr.P.C. when Section 307 IPC was invoked and parties have settled
  2. 2 Whether mere mention of Section 307 in FIR/charge-sheet precludes quashing of proceedings
  3. 3 Distinction between compounding of offences and quashing in inherent jurisdiction

Ratio Decidendi

The High Court order was set aside and the proceedings quashed because, on the facts and material (police final report, medical evidence showing contusions and a fracture of the distal phalanx of the left ring finger, absence of specific individual role and the settlement between the parties), Section 307 IPC was not made out either alone or with Section 149 IPC; mere invocation of Section 307 in the FIR does not preclude quashing under Section 482 Cr.P.C. where continuation would be futile and ends of justice require it.

Court Disposition

Appeal allowed; impugned High Court order set aside; proceedings quashed

Orders

  • Order of the High Court in application under Section 482 Cr.P.C. No. 1315 of 2023 dated 19.01.2023 set aside
  • Proceedings in Complaint Case No. 8023 of 2015 arising out of Case Crime No. 248 of 1991 pending in the Court of Additional Chief Judicial Magistrate, Court No.5, Moradabad are quashed