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SANJAY KUMAR DWIVEDI
Abdul Shahid Ansari @ Ab. Sahid – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
This petition has been filed for quashing the entire criminal proceeding in connection with Chandil P.S. Case No.251 of 2022 registered for the offence under Sections 468/470/471/406 of the Indian Penal Code and Sections 3(1)(g)/3(1)(r)(s)/3(1)(w)/(i) and Section 3(1)(z) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, pending in the court of the learned District and Additional Sessions Judge-I at Seraikella.
2. Mr. Vikash Kumar, learned counsel for the petitioner submits that there are case and counter case between the petitioner and opposite party no.2 and now good sense has prevailed between them and the matter has been compromised. He submits that joint compromise petition has been filed which is annexed at Annexure-2 of the petition. On these grounds, he submits that there is dispute between two individuals and there is no societal interest involved in the matter and, therefore, entire criminal proceeding may be quashed.
3. Mr. Ritesh Kumar, learned counsel appearing for opposite party no.2 submits that the matter has been compromise between the parties and joint compromise petition has been annexed at Annexure-2 of the petition. He fu
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 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....
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 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 High Court may quash criminal proceedings when parties have settled amicably, provided the nature of the offence allows for compounding and continuation would constitute an abuse of the court pro....
The court has the power to quash criminal proceedings based on a voluntary compromise, as affirmed by the Supreme Court, but the compromise must be with free will.
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....
The main legal point established is that the court has the power to quash criminal proceedings based on a genuine compromise between the parties, especially when it would prevent abuse of the process....
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