KARDAK ETE
Abhijeet Paul – Appellant
Versus
State of Nagaland – Respondent
JUDGMENT :
Heard Mr. Imti Longjem, learned counsel for the petitioners and also heard Mr. K. Angami, learned Public Prosecutor.
2. The present petition under Section 482, Criminal Procedure Code, 1973 has been jointly filed by the petitioners namely Mr. Abhijeet Paul and Mr. Mohd. Amjad Ali for quashing of FIR No. 88/2014 dated 11.08.2014 under Section 380, IPC registered at Diphupar Police Station, Dimapur corresponding to GR Case No. 403/2014 before the learned CJM, Dimapur on the basis of the settlement/compromise arrived at between the petitioner nos. 1 and 2.
3. The facts in nutshell is that the petitioner no. 1, while employed under Fedility National Information Service, a company engaged for setting up Automated Teller Machines in Dimapur, misappropriated Air Conditioners which he was entrusted for installation in ATMs. The petitioner no. 2, who is a Senior Executive in the said Company lodged an FIR dated 02.08.2014 at Diphupar Police Station in connection with missing Air Conditioners, which was registered, being Diphupar Police Station Case No. 88/2014 under Section 380, IPC. The petitioner no. 1 was arrested on 08.08.2014. On 12.08.2012, the petitioner no. 1, while in custo
Powers of High Court under Section 482 to quash criminal proceedings where dispute is of a private nature and a compromise is entered into between the parties who are willing to settle their differen....
The main legal point established in the judgment is that the High Court has inherent powers to prevent an abuse of the process of any court or to secure the ends of justice, especially in cases where....
The main legal point established is that the High Court may quash the prosecution even in cases where the offences are non-compoundable, and the exercise of power must be for securing the ends of jus....
The main legal point established in the judgment is the validity of quashing criminal proceedings based on a genuine and valid compromise, considering the nature of the offences and the impact on pub....
The court has inherent powers under Section 482 Cr.P.C. to quash criminal proceedings to prevent abuse of the process of any court or to secure the ends of justice. The court may quash criminal proce....
The main legal point established in the judgment is the wide ambit of inherent powers under Section 482 CrPC to quash FIR and consequent proceedings based on compromise, especially in cases involving....
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