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SANJAY KUMAR DWIVEDI
Amiyesh Ranjan Verma – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
1. Heard Mrs. Neeta Krishna, learned counsel for the petitioner, Mrs. Ruby Pandey, learned counsel for the State and Mr. A.K. Das, learned counsel for the O.P. No. 2.
2. This criminal miscellaneous petition has been filed for quashing of order dated 05.05.2018 and order dated 16.02.2018 passed by the learned Sessions Judge, East Singhbhum at Jamshedpur in Criminal Revision No. 99 of 2018 and order passed by the learned Judicial Magistrate dated 16.02.2018 whereby petition filed under section 239 Cr.P.C. has been rejected and also for quashing of entire criminal proceeding in connection with Bistupur P.S. Case No. 27 of 2014, corresponding to G.R. Case No. 270 of 2014, pending in the Court of learned Judicial Magistrate, Ist Class, Jamshedpur.
3. Mrs. Neeta Krishna, learned counsel appearing for the petitioner submits that the case is arising out of partnership firm and for non payment of certain amount, O.P. No. 2 has filed the complaint She further submits that the matter has been compromised between the parties 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. 2154 of 2022 seeking permission to compromise
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 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 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 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 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 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 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 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, ....
The power of the Court to quash criminal proceedings based on compromise between the parties and the absence of societal interest, as established in the judgments of the Hon’ble Supreme Court in Nari....
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