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SANJAY KUMAR DWIVEDI
Ramanand @ Chhotu Pathak S/o Shri Uday Nath Pathak – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
SANJAY KUMAR DWIVEDI, J.
1. Heard Mr. Sanjay Kumar Tiwari, learned counsel for the petitioner, Mr. Manoj Kumar Mishra, learned counsel for the State and Mr. Anil Kumar, learned counsel for opposite party no. 2.
2. This petition has been filed for quashing the order taking cognizance dated 02.09.2020 passed by the learned Special Judge, SC/ST (POA) Act, Palamau at Daltonganj, including the entire criminal proceedings of SC/ST P.S. Case No. 13 of 2019 corresponding to SC/ST Case No. 13/2020 (G.R. No. 976 of 2020), pending in the court of the learned Special Judge, SC/ST (POA) Act, Palamau at Daltonganj.
3. Mr. Tiwari, learned counsel for the petitioner submits that cognizance has been taken against the petitioner under Sections 504 and 506 of the Indian Penal Code read with Section 3(1)(w)(I) of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989. He further submits that the petitioner was falsely implicated in the case. He also submits that the police has filed charge-sheet under Section 504 and 506 of the Indian Penal Code against the petitioner, however the learned court has taken cognizance under the Scheduled Caste and Scheduled Tribes (Prevention of
The court can invoke the power under Section 482 Cr.P.C. to quash criminal proceedings, even if the sections are not compoundable, when a compromise is reached between the parties and societal intere....
The court can exercise its power under Section 482 Cr.P.C. to quash criminal proceedings based on a compromise between the parties, even if the sections are not compoundable, as long as the societal ....
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 main legal point established is that the court can quash criminal proceedings on the basis of a genuine settlement between the parties, especially in cases where the offences are not of a serious....
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 court can quash proceedings under Section 482 of Cr.P.C. in cases involving offences under the provisions of SC/ST Act based on a genuine compromise between the parties, as established by the leg....
The court can quash criminal proceedings if a compromise has taken place between the parties and there is no societal interest involved, as supported by relevant judgments.
The High Court has the authority to quash proceedings in non-compoundable cases if the parties have settled their dispute and there is no likelihood of conviction, thereby preventing an abuse of the ....
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