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SANJAY KUMAR DWIVEDI
Nawal Kishore Prasad – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Heard Mr. Mahesh Kr. Sinha (2), learned counsel for the petitioners, learned counsel for the State and Mr. K.S. Nanda, learned counsel for the O.P. No.2
2. This criminal miscellaneous petition has been filed for quashing of entire criminal proceeding including order taking cognizance dated 21.02.2015 in connection with Giridih (M). P.S. Case No. 143/2011, corresponding to G.R. No. 1110/2011 arising out of C.P. Case No. 666/2011 pending in the Court of learned S.D.J.M., Giridih.
3. Learned counsel appearing for the petitioners submits that there are case and counter case between the parties. He submits that both parties have compromised which has been brought on record by way of supplementary affidavit.
4. Mr. K.S. Nanda, learned counsel for the O.P. No. 2 accepts the submission of learned counsel for the parties and submits that matter has been compromised between the petitioner and O.P. No. 2 and it has been decided that cases filed by both the parties shall be withdrawn. He submits that as the dispute has been settled amicably entire proceeding can be quashed.
5. Learned counsel for the State fairly submits that as the matter has been compromised, the Court may pass appropr
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 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 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 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 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 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'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 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 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....
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