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SANJAY KUMAR DWIVEDI
Mirra Cobalt Packaging, Through its Partner Amit Agrawal – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
In both the cases common order and complaint (converted into F.I.R. being Sakchi P.S. Case No. 109/2021) are under challenge that is why both the petitions are being heard together with the consent of the parties.
2. Heard Mr. Anil Kumar Sinha, learned senior counsel for the petitioners, Mrs. Vandana Bharti and Mr. Veervijay Pradhan, learned counsel for the State and Mr. Anil Kumar, learned counsel for the O.P. No. 2.
3. These criminal miscellaneous petitions have been filed for quashing of order dated 09.03.2021 passed in connection with Complaint Case No. 521 of 2021 whereby complaint has been sent under section 156(3) Cr.P.C. for institution of F.I.R. and investigation and also for quashing of entire criminal proceeding including F.I.R. in connection with Sakchi P.S. Case No. 109/2021 dated 28.05.2021, pending in the Court of learned Chief Judicial Magistrate, Jamshedpur.
4. Mr. Anil Kumar Sinha, learned senior counsel appearing for the petitioners submits that the case is arising out of business transaction and now both the parties have compromised the dispute for that joint compromise petitions have been filed on behalf of petitioners as well as O.P. No. 2 by way of I.A
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 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 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 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 power of the High Court to quash criminal proceedings in exercise of its inherent jurisdiction, considering the absence of societal interest....
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 where the possibility of conviction is remote and bleak, and continuation of the case would cause oppression and prejudice to the accuse....
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, ....
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 power of the Court to quash criminal proceedings based on compromise between the parties and the absence of societal interest, as established in the judgments of the Hon’ble Supreme Court in Nari....
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