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SANJAY KUMAR DWIVEDI
Ullas Kar Sahu @ Sri U. K. Sahu @ U. K. Sah, S/o. Krishna Chandra Sahu – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
1. Heard Mr. Shailesh, learned counsel for the petitioner, Mr. P.D. Agrawal, learned counsel for the State and Mr. Vijay Kant Dubey, learned counsel for opposite party no.2.
2. This petition has been taken through Video Conferencing in view of the guidelines of the High Court taking into account the situation arising due to COVID-19 pandemic. None of the parties have complained about any technical snag of audio-video and with their consent this matter has been heard.
3. This petition has been filed for quashing entire criminal proceeding arising out of C.P. Case No.3075/2013 including the order taking cognizance dated 20.08.2015, pending in the court of the learned Judicial Magistrate, 1st Class, Dhanbad.
4. Mr. Shailesh, learned counsel for the petitioner submits that the case is arising out of commercial transaction between the petitioner and opposite party no.2 and it has been alleged by the complainant that the petitioner did not clear commission amount and therefore the complaint case has been filed. He further submits that now both the parties have settled the dispute and for that I.A. No.3183 of 2022 has been filed for joint compromise. He also submits that sum of
The court can exercise power under Section 482 Cr.P.C. to quash criminal proceedings when the parties have settled the dispute and the amount in question has been paid as full and final settlement.
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 central legal point established in the judgment is the court's authority to quash criminal proceedings in the interest of justice, particularly in cases where a compromise has been reached betwee....
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....
Redundant criminal proceedings should not be allowed to continue.
The wide ambit and plenitude of the inherent power of the High Court to prevent an abuse of the process of any court or to secure the ends of justice under Section 482 of Cr.P.C.
Point of Law : Cheating - Settlement Agreement – Fir quashed - Parties having settled disputes amongst themselves and dispute arising from commercial transactions amongst themselves with no loss to S....
The court can quash criminal proceedings based on a compromise between parties, provided the necessary legal requirements are met, especially when a public servant is involved.
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