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SANJAY KUMAR DWIVEDI
Shambhu Mandal – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Heard Mr. Gautam Kumar Singh, learned counsel for the petitioners, Ms. Shivani Kapoor, learned counsel for the State and Mr. Rahul Kumar Singh, learned counsel for opposite party no.2.
2. This petition has been filed for quashing the entire criminal proceedings including the FIR being Taljhari P.S. Case No.207/2019, corresponding to G.R. Case No.1233/2019 arising out of P.C.R. Case No.275/2018 including the order taking cognizance dated 14.05.2020 against petitioner no.1, pending in the court of the learned Additional Sessions Judge, 1st cum Special Judge, SC/ST Act, Sahibganj.
3. Mr. Gautam Kumar Singh, learned counsel for the petitioners submits that there is no ingredients of Section 3(i)(v) of the SC/ST Act. He further submits that entire occurrence took place in the house and not in the public place. He also submits that both the parties have compromised the matter and for that joint compromise petition being I.A. No.1819 of 2022 has been filed. He further submits that due to enmity and altercation, the case has been filed by opposite party no.2, however the ingredients of the SC/ST Act is not there. He further submits that since the compromise has been entered into
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 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 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 affirmed the power to quash criminal proceedings arising out of non-compoundable offences and extended the power to offences arising out of special status such as SC/ST Act.
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 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 court can invoke its power under section 482 Cr.P.C to quash criminal proceedings based on a compromise, even if the section is non-compoundable, considering the voluntary nature of the compromis....
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