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ANIL KUMAR CHOUDHARY
Nomita Samanta, w/o. Shyamal Samanta @ Shayamal Samanta – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
1. 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 for quashing the entire criminal proceeding in connection with Complaint Case No. 1310 of 2018 including the order taking cognizance dated 25.02.2022 passed by the learned Judicial Magistrate 1st Class, Giridih whereby and where under, the learned Judicial Magistrate 1st Class, Giridih has taken cognizance for the offence punishable under Section 420 of Indian Penal Code.
3. Learned counsel for the petitioners and the learned counsel for the opposite party no.2 by drawing attention of this Court to the Interlocutory Application No.6187 of 2023 which is a joint compromise petition supported by separate affidavits of the petitioner no.1 and the opposite party no.2 submits that therein it has been mentioned that the parties have already settled their dispute outside the Court and the dispute between the parties is a private dispute. It is next submitted by the learned counsel for the petitioners and the learned counsel for the opposite party no.2 that because of some misunderstanding, the opposite party no.2 alleged tha
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 central legal point established is that the power to quash a criminal proceeding should be exercised to prevent abuse of process of law and to secure the ends of justice, particularly in cases wi....
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....
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....
The High Court can quash criminal proceedings under Section 482 of the Code when a compromise between parties suggests that continuation would be unjust or oppressive, provided the offenses are not h....
The High Court can quash criminal proceedings under Section 482 of the Code of Criminal Procedure if the parties have settled their disputes, provided the offences are not heinous and the continuatio....
The High Court may quash criminal proceedings when parties reach a compromise, particularly in non-heinous offences, as continuation of proceedings may cause undue hardship.
The High Court can quash criminal proceedings based on compromise in private disputes if it serves justice and prevents abuse of process.
The court can quash criminal proceedings under Section 482 of the CrPC when parties settle their dispute, especially in cases with a civil nature, preventing abuse of process.
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