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SANJAY KUMAR DWIVEDI
Amyesh Ranjan Verma, son of late Triloki Nath Verma – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
1. Heard Mr. R. Krishna, learned counsel for the petitioner, learned A.P.P. appearing for the State and Mr. Shivam Utkarsh Sahay, learned counsel for the O.P. No. 2.
2. This petition has been heard through Video Conferencing in view of the guidelines of the High Court taking into account the situation arising due to COVID-19 pandemic. None of the parties have complained about any technical snag of audio-video and with their consent this matter has been heard.
3. This criminal miscellaneous petition has been filed for quashing of cognizance order dated 03.02.2015 including entire criminal proceeding in connection with Bistupur P.S. Case No. 28 of 2014, corresponding to G.R. No. 271 of 2014 pending in the Court of learned Chief Judicial Magistrate at Jamshedpur.
4. By referring to F.I.R, Mr. R. Krishna, learned counsel appearing for the petitioner submits that entire allegation is with regard to business transaction. He submits that partnership firm was being operated by the petitioner and O.P. No. 2 wherein certain dispute has taken place with regard to business transaction for which F.I.R. has been lodged. He further submits that there is no societal interest involved in t
The court can quash criminal proceedings in cases of settlement, absence of societal interest, and offenses with a predominantly civil nature, as established in the judgments of Narinder Singh & Ors.....
The main legal point established in the judgment is that in cases of settled disputes with no societal interest or chance of conviction, the court may exercise its power to quash criminal proceedings....
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 court can quash criminal proceedings under section 482 Cr.P.C. if there is no chance of conviction, no societal interest is involved, and the parties have compromised, as established in the judgm....
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 wide plenitude with no statutory limitation to quash a criminal proceeding in exercise of its inherent jurisdiction to secure the ends of justice or to prevent abuse of the process of a....
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 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 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's decision was influenced by the principle that the power to quash a criminal proceeding based on a compromise between the parties should consider the nature of the crime, societal impact, ....
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