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SANJAY KUMAR DWIVEDI
Subhash Singh S/o Late Arjun Singh – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
SANJAY KUMAR DWIVEDI, J.
1. Heard Mr. Shekhar Prasad Sinha, learned counsel for the petitioners, Mr. Ashish Kumar, learned counsel for State and Mr. Nitish Krishna, learned counsel for opposite party no. 2.
2. This petition has been filed for quashing of entire criminal proceedings in connection with Katras P.S. Case No. 201/2020, corresponding to SC/ST Case No. 69/2020, pending in the court of the learned District and Additional Sessions Judge-VI-cum-Special Judge, SC/ST, Dhanbad.
3. Mr. Shekhar Prasad Sinha, learned counsel for the petitioners submits that the case is registered under Section 341, 323, 427, 379, 506, 34 of the Indian Penal Code read with the offence under Section 3(iii)(x) of SC/ST Act. He further submits that the compromise has taken place and both the parties have settled the dispute.
4. Learned counsel Mr. Nitish Krishna has appeared suo motu on behalf of opposite party no. 2 and he submits that due to enmity, the case has been lodged against the petitioners. He further submits that now good relationship has been developed and both the parties have settled their dispute. He also submits that I.A. No. 6269 of 2022 has been filed for compromise and in para
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 court has the power to quash criminal proceedings under Section 482 Cr.P.C. in appropriate cases, especially when there is a settlement between the parties and no societal interest involved.
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 main legal point established in the judgment is that the court has the inherent power to quash a criminal proceeding to prevent abuse of process of court and to secure the ends of justice, especi....
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....
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