SANJAY KUMAR DWIVEDI
Rekha Mahendru – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Heard Mr. Vikas Kumar, learned counsel for the petitioner, Mr. Prabhu Dayal Agrawal, learned counsel for the State and Mr. Ankit Kumar, learned counsel for the O.P. No. 2.
2. The present petition has been filed for quashing of entire criminal proceeding including First Information Report in connection with Golmuri P.S. Case No. 154 of 2020 registered for the offence under sections 406, 407, 420, 418, 34 of the Indian Penal Code, pending in the Court of learned Judicial Magistrate at Jamshedpur.
3. Mr. Vikas Kumar, learned counsel appearing for the petitioner submits that transaction has taken place pursuant to agreement dated 31.10.2019. He further submits that the matter has been compromised between the parties for that a joint compromise petition has been filed on behalf of petitioner as well as O.P. No. 2 by way of I.A. No. 4390 of 2022 seeking permission to compromise the case.
4. In para 2 of the interlocutory application it has been stated that the petitioner has made part payment of Rs.50,000/- to O.P. No. 2 and for the rest amount an agreement for settlement dated 13.05.2022 has been entered into between the parties by which it has been undertaken that Rs.2,00,000/-
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 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 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 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 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 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 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 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....
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....
If settlement is arrived at immediately after alleged commission of offence when matter is still under investigation, High Court may be somewhat liberal in accepting settlement and quashing the proce....
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