Back
IN THE HIGH COURT OF JUDICATURE AT PATNA
CHANDRA SHEKHAR JHA
Kunal Gaurav @ Kunal Kumar Son of Krishna Mohan Singh – Appellant
Versus
State of Bihar – Respondent
| Table of Content |
|---|
| 1. quashing of fir based on facts presented. (Para 2 , 3 , 4) |
| 2. mediation led to dispute resolution. (Para 5 , 6) |
| 3. settlement terms lead to fir quashing. (Para 7 , 8) |
| 4. court's order on settlement confirmation. (Para 9 , 10) |
| 5. final order on petition. (Para 11) |
JUDGMENT :
CHANDRA SHEKHAR JHA, J.
Heard learned counsel appearing on behalf of the parties.
2. The present application has been preferred by the petitioner for quashing the FIR of Begusarai Town (Lohiya Nagar) P.S. Case No. 63 of 2023 dated 23.01.2023 registered under Sections 406, 420, 341, 323, 386, 201, 504/34 of the Indian Penal Code.
3. The case of the prosecution in brief is that informant namely Mukhti Nath gave his undated written complaint to S.H.O (Lohiya Nagarr) О.Р Begusarai, stating therein that he is business man and he along with his wife used to give Rs. 17 lacs towards Income Tax per annum to Govt. It is further stated that he was in search of fresh/undisputed land near four lane at Village Pansalla. On 01.06.2022 Kunal Gaurav (petitioner), came to his house at Lohiya Nagar along with his three bodyguard and told him that he has 35 Katha of land in village-Pansalla near four lane. Then he along
The court holds that once disputes are settled through mediation, ongoing criminal proceedings may be quashed to prevent abuse of process.
The main legal point established in the judgment is that the High Court has the inherent power under Section 482 of the Code to quash criminal proceedings if the parties have amicably settled the dis....
Settlement agreements must be adhered to once executed voluntarily, and claims cannot be revisited post-compliance with the agreed terms, despite the absence of certain documentation.
The court has the power under Section 482 of the Cr.P.C. to quash criminal proceedings to prevent the abuse of the process of law or to secure the ends of justice.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
