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SANJAY KUMAR DWIVEDI
Bibhash Kumar Singh – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
1. Heard A.K. Das, learned counsel for the petitioner, learned A.P.P. appearing for the State and Mr. Jai Shankar Tripathi, learned counsel for the O.P. No.2.
2. This criminal miscellaneous petition has been filed for quashing of order dated 24.11.2016 passed by learned Judicial Magistrate, Jamshedpur whereby bail of the petitioner was cancelled and also quashing of order dated 07.03.2017 and 24.03.2018 whereby processes under sections 82 and 83 Cr.P.C. have been directed to be issued against the petitioner. Further prayer has been made for quashing of entire criminal proceeding in connection with Telco (Birsanagar) P.S. Case No. 282 of 2013, corresponding to G.R. Case No. 2464 of 2013, pending in the Court of learned Judical Magistrate, Jamshedpur.
3. Mr. A.K. Das, learned counsel appearing for the petitioner submits that the case is arising out of matrimonial dispute and both parties have compromised the case for that a joint compromise petition has been filed on behalf of petitioner as well as O.P. No. 2 by way of I.A. No. 5281 of 2020 seeking permission to compromise the case. He submits that as per terms and condition compromise has taken place. He submits that petit
The central legal point established in the judgment is the power of the High Court to quash criminal proceedings in exercise of its inherent jurisdiction, considering the absence of societal interest....
The court has the power to quash criminal proceedings in cases involving compromise between the parties, considering the nature and gravity of the crime, societal impact, and the fairness of continui....
The Court has the power to quash criminal proceedings in cases where the possibility of conviction is remote and bleak, and continuation of the case would cause oppression and prejudice to the accuse....
The central legal point established in the judgment is the Court's authority to quash criminal proceedings, including F.I.R., in cases of compromise between the parties, based on the nature and gravi....
The court can quash criminal proceedings based on a compromise between the parties and the absence of societal interest, as guided by the judgments of Narinder Singh & Ors. and Gian Singh.
The court emphasized the importance of considering the nature and gravity of the crime, societal impact, and the fairness of continuing the criminal proceeding in cases involving compromise between t....
The court can quash criminal proceedings in matrimonial disputes based on the settlement between the parties and the absence of societal interest, as per the judgments of the Hon’ble Supreme Court.
The power of the Court to quash criminal proceedings based on compromise is exercised when there is no societal interest involved, and the possibility of conviction is remote and bleak, as establishe....
The main legal point established in the judgment is that in cases of compromise between the parties in a matrimonial dispute, where no societal interest is involved and the possibility of conviction ....
The central legal point established in the judgment is the importance of considering societal interest, timing of settlement, and nature of the offense in deciding whether to quash criminal proceedin....
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