38.6c New Delhi, India, Wednesday, April 24, 2024

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

By LawStreet News Network      11 November, 2019 01:11 PM      0 Comments
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 therefore, no useful purpose is likely to be served by allowing a criminal prosecution against the applicants to continue, as the same would be futile exercise and a sheer wastage of precious time of the Court. The continuation of a criminal proceedings after compromise would cause oppression and prejudice to the parties concerned. "

[Read Order]

Share this article:

User Avatar

Leave a feedback about this

Trending Judiciary
Denying child care leave to working mothers of disabled children violated constitutional mandate: SC

Supreme Court of India rules denying child care leave for mothers of disabled kids violates constitutional rights.

23 April, 2024 11:15 AM
Trending Environment
Ignorance is not bliss: Okhla Waste to Energy Plant needs to be relocated, residents argue

Questions on the suitability of waste-to-energy plants in Delhi are not new, but the 2,000 tonnes per day Waste to Energy (WTE) plant, situated in the middle of the dense residential areas around Sukhdev Vihar, is not just a major environmental worry but an example of how siting rules can be bent to accommodate a heavily polluting enterprise.

23 April, 2024 12:29 PM


Trending Judiciary
PIL filed by Ashwini Kumar Upadhyay in SC for 3-yr Bachelor of Law degree after Class XII

PIL by Ashwini Kumar in SC seeks to shorten law degree to 3 years post-Class XII, citing current 5-year span as irrational.

18 April, 2024 11:21 AM
Trending Executive
Centre sets up high-powered committee to suggest measures to end discrimination against queer community [Read Order]

Centre forms committee to end discrimination against the queer community, chaired by the Cabinet Secretary, following a Supreme Court directive.

18 April, 2024 12:11 PM
Trending Judiciary
After Karnataka HC, Delhi HC sets aside Government circular banning 23 'ferocious' dog breeds [Read Judgement]

After Karnataka High Court, the Delhi High Court has set aside a Government circular banning 23 'ferocious' dog breeds.

18 April, 2024 01:06 PM
Trending Judiciary
For wrong decision of suicide by person of 'frail mentality', who is to be blamed? Delhi HC gives view [Read Judgment]

If a man of 'frail mentality' takes the wrong decision to commit suicide, who is to be blamed? Delhi High Court gives a prima facie opinion in the matter.

18 April, 2024 03:23 PM


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email