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SANJAY KUMAR DWIVEDI
Prashant Kumar Mandilwar – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
1. Heard Mr. Rohan Mazumdar, learned counsel for the petitioner, Mr. Tapas Roy, learned counsel for the State and Mr. Rakesh Kr. Sinha, learned counsel for the O.P. No. 2.
2. This criminal miscellaneous petition has been filed for quashing of entire criminal proceeding including order dated 23.10.2017 passed in connection with Madhuban P.S. Case No. 13 of 2016, corresponding to G.R. No. 1810 of 2016 by the learned Chief Judicial Magistrate, Giridih whereby the learned court has been pleased to allow the prayer made by the Investigating Officer of the present case under section 173 (8) of the Cr.P.C., pending in the court of learned Chief Judicial Magistrate, Giridih.
3. Mr. Rohan Mazumdar, learned counsel appearing for the petitioner submits that there was relation between the petitioner and O.P. No. 2 and subsequently, the O.P. No. 2 solemnized marriage with the petitioner on 11.01.2016 and further it transpired that the informant is already married earlier and she has filed maintenance case against the person with whom she was married earlier. He further submits that another case was filed by the O.P. No. 2 in Indore against the petitioner, for the same allegation in w
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 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 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 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 importance of considering societal interest, timing of settlement, and nature of the offense in deciding whether to quash criminal proceedin....
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 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 in matrimonial disputes based on the settlement between the parties and the absence of societal interest, as per the judgments of the Hon’ble Supreme Court.
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, ....
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