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SANJAY KUMAR DWIVEDI
Indal Singh, S/o. Shambhunath Singh – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
1. This petition has been filed for quashing of order dated 14.03.2019 passed by the learned Additional Sessions Judge-I Garhwa by which cognizance has been taken and the entire criminal proceeding arising out of Complaint Case No.69/2018, pending in the court of learned Additional Sessions Judge-I, Garhwa.
2. The case was instituted on the complaint filed by the O.P.No.2 against the sole accused who is the petitioner in this case alleging that forcibly the petitioner has entered in the house of the O.P.No.2 and he has assaulted and molested.
3. Mr. Pankaj Shrivastava, the learned counsel appearing for the petitioner submits that now the good sense has been prevailed between the parties and they have entered into compromise. He submits that the compromise petition has been filed in the concerned court contained in Annexure-3.
4. Mr. Binod Kumar, the learned counsel appearing for the O.P.No.2 accepts the submission of Mr. Pankaj Srivastava, the learned counsel appearing for the petitioner. He also contend that by way of Annexure-3 to the petition the compromise has been entered between the petitioner and the O.P.No.2.
5. On perusal of the Annexure-3 it appears that a petition
The court can invoke its power under section 482 Cr.P.C to quash criminal proceedings based on a compromise, even if the section is non-compoundable, considering the voluntary nature of the compromis....
The court can exercise its power under Section 482 Cr.P.C. to quash criminal proceedings where a compromise has been reached between the parties and there is no societal interest involved, considerin....
The voluntary nature of compromise, absence of societal interest, and personal nature of the occurrence can justify the exercise of power under Section 482 Cr.P.C. to quash criminal proceedings, as e....
The voluntary nature of the compromise, absence of coercion, and the impact on public interest are crucial factors in deciding to quash criminal proceedings based on compromise.
The court can quash criminal proceedings based on a compromise between the parties, especially in cases where the allegations could not be established and the continuance of the proceedings would be ....
The High Court can quash criminal proceedings if a compromise is reached, provided the nature of the crime allows for such action and the possibility of conviction is deemed remote.
The court can quash criminal proceedings under Section 482 Cr.P.C. if a voluntary compromise is reached and the likelihood of conviction is deemed remote.
The court affirmed that compromises post-conviction do not automatically quash convictions for non-compoundable offenses, but may be considered in appeals.
The court emphasized the careful exercise of the power to quash criminal proceedings, especially in cases involving heinous and serious offences, and highlighted the wide inherent powers of the High ....
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