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ANIL KUMAR CHOUDHARY
Neeraj Kumar @ Sonu @ Soni @ Niraj Kumar – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
By the Court:- Heard the parties.
2. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure with a prayer to quash the order taking cognizance dated 03.03.2021 passed by learned Sub Divisional Judicial Magistrate, Ranchi arising out of Protest-cum-Complaint Case No.2584 of 2019 whereby and where under the learned Sub Divisional Judicial Magistrate has taken cognizance for the offence punishable under Sections 323, 352, 498-A, 506, 34 of the Indian Penal Code as well as the entire criminal proceeding of Complaint Case No.2584 of 2019.
3. Learned counsel for the petitioners and learned counsel for the opposite party No.2 jointly submit that a compromise has been effected to between the parties consequent upon mediation in the Mediation Centre, Civil Court, Ranchi and the parties, have agreed to resolve their dispute and dissolve their marriage by a decree of divorce passed by a competent court with mutual consent. Hence, it is jointly submitted by the parties that in view of the compromise between the parties, the opposite party No.2 does not want to proceed with case and the continuance
The High Court can quash criminal proceedings under Section 482 of the Code of Criminal Procedure if a complete settlement exists between parties and the possibility of conviction is deemed remote.
The court affirmed the inherent power to quash criminal proceedings based on compromise, emphasizing its application in cases predominantly of civil nature.
The main legal point established in the judgment is that in cases of matrimonial disputes and compromises between the parties, the court may quash the criminal proceeding if the possibility of convic....
High Court may quash non-heinous private dispute proceedings under inherent powers where parties fully compromise, conviction becomes remote, and continuation abuses process.
High Court quashed non-heinous criminal proceedings under inherent powers due to parties' full compromise in private family dispute, remote conviction chance, and to prevent abuse of process.
In matrimonial disputes with a civil flavor, the High Court may quash criminal proceedings if a full settlement exists, preventing abuse of process and securing the ends of justice.
The main legal point established in the judgment is the court's power to quash criminal proceedings in cases of compromise between the parties, especially in matrimonial disputes, where the possibili....
The central legal point established in the judgment is that the power of the High Court to quash a criminal proceeding under Section 482 of the Code of Criminal Procedure should be exercised to secur....
The power to quash criminal proceedings should be exercised to prevent abuse of process of law and to secure the ends of justice, especially in cases where the possibility of conviction is remote and....
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