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CHANDRA SHEKHAR JHA
Amit Kumar, son of Late Ajit Kumar Singh – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
(Chandra Shekhar Jha, J.) :
Heard Ms. Shatabdi Sinha, learned counsel for the appellant, Mr. Binay Krishna, learned Special Public Prosecutor for the State duly assisted by Mr. Harsh Vardhan, learned counsel for the informant.
2. The present memo of appeal is being for setting aside of the cognizance order dated 09.11.2022 passed by learned Special Judge, SC/ST (POA) Act, Samastipur in connection with Complaint Case No. (C.R. No.) 119 of 2021, whereby and whereunder the learned court has taken cognizance for the offence under Section 323 of the Indian Penal Code (in short the ‘I.P.C.’) and Section 3(i)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the “SC/ST Act”) against the appellant.
3. The facts of the case in brief is that on 17.06.2021, the complainant-opposite party no. 2 has filed the instant complaint petition being Complaint Case No. 119/2021 before the court of Additional District & Sessions Judge-1-cum-Special Judge, SC/ST (POA) Act, Samastipur against the appellant alleging therein that O.P. No. 2/complainant, who is a member of scheduled castes and works as a labour, engaged by the appellan
The High Court has the authority to quash proceedings in non-compoundable cases if the parties have settled their dispute and there is no likelihood of conviction, thereby preventing an abuse of the ....
The court can invoke the power under Section 482 Cr.P.C. to quash criminal proceedings, even if the sections are not compoundable, when a compromise is reached between the parties and societal intere....
The court has the inherent power under Section 482 of the Criminal Procedure Code, 1973, to quash proceedings in non-compoundable offences in the interest of justice, considering factors such as the ....
The court can quash proceedings under Section 482 of Cr.P.C. in cases involving offences under the provisions of SC/ST Act based on a genuine compromise between the parties, as established by the leg....
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