VidhiSangh

Supreme Court of India · 01/03/2024

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

[2024] 3 S.C.R. 385 · 2024 INSC 189

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

Summary

The High Court quashed the criminal proceedings based on a settlement between the accused and the alleged abductee, but the original complainant was an injured victim who had not joined or agreed to the settlement. The Supreme Court set aside the quashing order and restored the case for trial.

Issues

  1. Was it proper to quash the FIR and proceedings under Section 482 CrPC based on a settlement that the injured complainant did not join?
  2. How does the High Court’s inherent quashing power differ from statutory compounding of offences?

Provisions considered

Held

Result

Appeal allowed; the High Court’s order was set aside and the proceedings arising from the FIR were restored to the trial court, which was directed to dispose of them expeditiously, preferably within one year.

Judgment PDF: Supreme Court of India, [2024] 3 S.C.R. 385.