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ANIL KUMAR CHOUDHARY
Jay Prakash Gupta @ Jayprakash Gupta @ Jai Prakash Gupta @ Rinku – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Heard the parties.
2. This criminal miscellaneous petition has been filed invoking the jurisdiction of this Court under Section 482 Cr.P.C. with a prayer to quash the entire criminal proceeding including the FIR in connection with T. Tangar P.S. Case No.38 of 2023, corresponding to G.R. No. 401 of 2023 and also to quash the order taking cognizance dated 10.10.2023 passed by the learned C.J.M., Simdega as well as to quash the further proceedings of the said case.
3. Learned counsel for the petitioner and the learned counsel for the opposite party No.2 jointly draw the attention of this Court towards the Interlocutory Application No.9941 of 2023 which is supported by separate affidavits of the Pairvikar of the petitioner and the opposite party No.2 and submits that therein it has been mentioned that due to intervention of well-wishers and friends, compromise has taken place between the parties and presently no dispute is existing between them. It is next jointly submitted by the learned counsel for the petitioner and the learned counsel for the opposite party No.2 that the informant is the owner of a dumper and while the informant along with driver was going in the said dumpe
The main legal point established in the judgment is that the High Court has the jurisdiction to quash criminal proceedings based on a complete voluntary settlement between the parties, especially in ....
The main legal point established in the judgment is that the nature of the offences, the impact on society, and the possibility of conviction are crucial factors in deciding whether to quash the crim....
The main legal point established in the judgment is that the High Court has the jurisdiction to quash criminal proceedings based on compromise between the parties, considering the nature and gravity ....
Offences under Section 307 IPC are serious and heinous, lacking the possibility of being quashed based on private compromise. Hence, societal interest in prosecuting such crimes prevails.
The main legal point established in the judgment is that the court has inherent power to quash criminal proceedings, even in non-compoundable cases, based on genuine compromises, considering the natu....
High Court can quash non-compoundable FIRs under Section 482 when parties reach amicable settlements, preserving justice and avoiding abuse of process.
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