Supreme Court of India

Manoj Sharma v. State & Ors.

Neutral citation

Reported as [2008] 14 S.C.R. 539

Bench Altamas Kabir and Markandey Kat Ju JJ.

Decided 16 October 2008

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

8 Supreme Court benches have cited this judgment.

What the Court ordered

We are of the view that continuing with the criminal proceedings would be an exercise in futility. 548 SUPREME COURT REPORTS [2008] 14 S.C.R.

Judgment, page 9

From the headnote

Constitution of India, 1950; Article 226: Quashing of criminal proceeding!Fl.R. by High Court - In exercise of power/discretion under s.482 Cr.P CJ Article 226 c of the Constitution, when parties entering into settlement! compromise - Held: Exercise of such power by the High Court in no way limited by provisions uls.320 Cr.PC. - Power under s.482 Cr.PC./ Article 226 of the Constitution is discretionary in nature and to be exercised on facts of each case - On facts, continuing with the criminal proceedings would be an exer- . '( cise in futility, hence, quashed - Code of Criminal Procedure, ,

Authorities it was built on

1988 Madhavrao Jiwaji Rao Scindia & Anr. Etc. v. Sambhajirao Chandrojirao Angre & Ors. Etc. cited by 41
2008 Nikhil Merchant v. Central Bureau of Investigation & Anr cited by 20
1990 Mostt. Simrikhia v. Smt. Dolley Mukherjee @ Smt. Chhabi Mukherjee & Anr. cited by 14

Where later benches applied it

2015 State of Uttar Pradesh and Others v. Anil Kumar Sharma and Another, relied on
2014 Gopakumar B. Nair v. C.B.I. & Anr. relied on
2024 K. Bharthi Devi and Anr. v. State of Telangana and Anr. referred to
2022 P. Dharamaraj v. Shanmugam & Ors. referred to
2017 Central Bureau of Investigation v. Sadhu Ram Singla & Ors. referred to
2016 State Of- Uttar Pradesh and Others v. Subhash Chandra Jaiswal and Others referred to
2010 Gian Singh v. State of Punjab & Anr referred to
2012 Ashok Sadarangani & Anr. v. Union of !noia & Ors. distinguished

Of those, 2 relied on · 1 distinguished · 5 referred to

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