SANJAY KUMAR DWIVEDI
Shambhu Prasad – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Heard Mr. Amit Kr. Das, learned counsel for the petitioner, Mr. Satish Prasad, learned counsel for the State and Mr. S.K. Laik, learned counsel for the O.P. No. 2.
2. This criminal miscellaneous petition has been filed for quashing of entire criminal proceeding in connection with Sadar (Chaibasa) P.S. Case No. 66 of 2013, corresponding to G.R. Case No. 440 of 2013 including order taking cognizance dated 26.11.2013, pending in the Court of learned Chief Judicial Magistrate, West Singhbhum at Chaibasa.
3. Mr. A.K. Das, learned counsel appearing for the petitioner submits that the case is arising out of land dispute as the possession was not granted to the O.P. No. 2 that is why the O.P. No. 2 was compelled to file this case. He further submits that the case is civil in nature. He 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. 5801 of 2022 seeking permission to compromise the case. He further submits that the amount in question has been returned to the O.P. No. 2.
4. Mr. S.K. Laik, learned counsel appearing for the O.P. No. 2 accepts the submiss
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 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 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 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 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 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'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, ....
In cases of compromise between parties and absence of societal interest, criminal proceedings can be quashed.
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