VidhiSangh

Supreme Court of India · 10/02/2025

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

[2025] 3 S.C.R. 289 · 2025 INSC 182

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Supreme Court quashed, on the basis of a compromise, a 1991 prosecution summoned under Sections 307/149 IPC and other provisions, holding that the High Court confused compounding with quashing under Section 482 CrPC and that, on the nature of the injury, the weapons and the surrounding facts, no case under Section 307 was made out and the matter was not one in which settlement had to be refused.

Issues

  1. Whether the High Court was right to refuse to quash proceedings on the basis of a settlement only because Section 307 IPC was invoked and the offence was not compoundable.
  2. Whether, on the injuries, the weapons and the circumstances, the case attracted Section 307 IPC (alone or with Section 149) so as to bar quashing on settlement.

Provisions considered

Held

Result

Appeal allowed; High Court order of 19.01.2023 set aside; the complaint case pending before the Additional Chief Judicial Magistrate, Court No. 5, Moradabad quashed.

Judgment PDF: Supreme Court of India, [2025] 3 S.C.R. 289.