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IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NOs. OF 2024 (Arising out of SLP(Crl.) Nos. 8714-8715/2019)
STATE OF UTTAR PRADESH & ORS. APPELLANT(S)
VERSUS
FARMAN AND ORS. ETC. RESPONDENT(S)
ORDER
Leave granted.
Heard learned counsel for the parties.
The High Court vide its impugned judgment
and order dated 06.02.2018 passed in Criminal
Miscellaneous Writ Petition No.1915 of 2018,
titled as “Farman and Ors. Vs. State of U.P.
and Ors.”, connected with Criminal
Miscellaneous Writ Petition No.1994 of 2018,
titled as “Rizwan and Ors. Vs. State of U.P.
and Ors.”, has quashed the proceedings on
account of compromise between the parties.
The High Court in the quashing order has
recorded that the offence(s) for which the
investigation is going on are non-compoundable
offence(s) but even then, so as to close the
matter on the basis of compromise, has quashed
the proceedings as if the Court is exercising
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powers under Article 142 of the Constitution of
India.
The offence(s) in respect of which the
investigation is going on are admittedly non-
compoundable in nature and cannot be closed
simply on the basis of the compromise, if any,
between the parties so as to relegate the State
i.e. the prosecuting authority to a status of a
mere bystander.
Admittedly, the offence punishable under
Section 307 IPC is non-compoundable.
Furthermore, this Court i...