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Mutual cancellation of suits done how to quash HC pending case


In Criminal Law
Mere aur mere padosi k bich purani ranjish h ! Hmare beech 1 civil aur 5 cri.mukdme (sabhi 323.504.506.etc) Gkp.court me chalte h. jisme 1 case me muje U/sec.324.326.307 Ipc.me 7 yr imprisonment session court ne 2007 me diya jisme mai bail par hu..mere against gov.applied h.jo ki Allahabad HC me listed h.. ab ham aur hmare padosi dono log apne sabhi 6 case ko mutually sulah k dwara samapt krne ko agree h... But Jo case 307 Ipc high court me pending h aur mai bail per hu use kese samapt kiya ja sakta h..??????

Answers (1)


271 votes

There are certain similarities and differences between compounding and quashing a case on the basis of compromise and hence, quashing of a criminal proceeding upon a compromise is well within the discretionary power of the Court. While the power under Section 320 CrPC is cribbed, cabined and confined, the power under Section 482 CrPC is vast, unparallel and paramount. On facts the High Court opined that it was a case where the fight between the parties had occurred on the spur and heat of the moment and the assault was more a crime ‘against an individual’, rather than ‘against the society at large’.


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