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SANJAY KUMAR DWIVEDI
Sanjay Jain – Appellant
Versus
State of Jharkhand through S. H. O. , P. S. Dhansar, Dhanbad – Respondent
JUDGMENT :
1. Heard Mr. Nilesh Kumar, learned counsel for the petitioner and Mrs. Neha Pandey, learned counsel for the State and Mr. Kumar Amit, learned counsel for the No. 2.
2. This petition has been filed for quashing of entire criminal proceeding in connection with Dhansar P.S. Case No. 0148 of 2021 registered for the offences under sections 406, 420, 467, 468, 469, 471, 504, 506, 34 of the Indian Penal Code, pending in the Court of learned Chief Judicial Magistrate, Dhanbad.
3. The First Information was lodged alleging therein that the petitioner being official of M/s Prakash Industries Limited along with other officials/co-accused approached the complainant at his office in a pre-planned manner to cheat the complainant. It is alleged that the petitioner and other officials allured the complainant’s Firm Lucky Coke Industries to supply the coal at the factory at Champa, Jangir, Chattisgarh and further committed to make the payment within 30 days from the date of delivery but the complainant refused. But as there were past dues, hence, the petitioner and other officials promised to clear the past dues as soon as possible and further assured that after issuing purchase orders the
The main legal point established in the judgment is that the power to quash criminal proceedings can be exercised when the dispute has been settled between the parties, the amount in question has bee....
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 power to quash criminal proceedings must be exercised in accord with the guideline engrafted in such power, with due regard to the nature and gravity of the crime, and considering whether continu....
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'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 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 compromise between the parties in a matrimonial dispute, where no societal interest is involved and the possibility of conviction ....
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.
If settlement is arrived at immediately after alleged commission of offence when matter is still under investigation, High Court may be somewhat liberal in accepting settlement and quashing the proce....
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