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SANJAY KUMAR DWIVEDI
Manish Kumar – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
1. Heard Mr. R.S. Mazumdar, learned senior counsel for the petitioners, Mr. Someshwar Rai, learned counsel for the State and Mr. Mukesh Kr. Banka, learned counsel for the O.P. No. 2.
2. This criminal miscellaneous petition has been filed for quashing of cognizance order dated 29.06.2018 including the entire criminal proceeding in connection with Complaint Case No. 143 of 2016 pending in the Court of learned Judicial Magistrate, Garhwa.
3. Mr. R.S. Mazumdar, learned senior counsel appearing for the petitioners submits that complaint was filed on the allegation that the complainant was in possession of the land in question since 60-70 years but the landlords put pressure upon the complainant to vacate the said land. He submits that the case is civil in nature. He submits that the matter has been compromised between the parties for that a compromise petition has been filed on behalf of petitioners as well as O.P. No. 2 by way of I.A. No. 1310 of 2020 seeking permission to compromise the case.
4. Mr. Mukesh Kr. Banka, learned counsel appearing for the O.P. No. 2 submits that what has been submitted by the learned senior counsel for the petitioners, is correct. He submits that
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 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 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 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 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....
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, ....
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