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ANIL KUMAR CHOUDHARY
Akash Kumar Hazari @ Akash Hazari, Son of Umesh Kumar Hazari – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Heard the parties.
2. This Cr.M.P. has been filed invoking the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure with a prayer to quash the entire criminal proceeding arising out of Katras P.S. Case No.32 of 2021 dated 04.02.2021 registered for the offences punishable under Section 323, 341, 307, 354, 448, 504, 506 & 34 of the Indian Penal Code, pending in the court of learned Sub Divisional Judicial Magistrate, Dhanbad.
3. Drawing attention of this Court to the copy of the certified copy of the petition for compromise jointly filed by the petitioner, informant and the victim, in the court of Sessions Judge, Dhanbad, it is jointly submitted by the learned counsel for the petitioner and learned counsel for the opposite party No.2 that upon the intervention of common friends and well-wishers, the parties have settled their dispute amicably. It is next submitted by the learned counsel for the petitioner and the learned counsel for the opposite party no.2 that the petitioner and the opposite party no.2 are residents of the same locality and because of some misunderstanding, this case was instituted. It is then submitted that in view of the comprom
The main legal point established is that the power under Section 482 of the Code of Criminal Procedure should be exercised sparingly and with caution, considering the nature of the offence, possibili....
The court emphasized the need to secure ends of justice and prevent abuse of the court's process when considering settlement between parties and quashing criminal proceedings.
The main legal point established in the judgment is that the High Court has the inherent power to quash criminal proceedings under Section 482 of the Code, especially when the parties have settled th....
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 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 court quashed the FIR based on a compromise between parties, emphasizing that continuation of proceedings would cause injustice and that the possibility of conviction was remote.
The main legal point established in the judgment is the careful consideration of factors such as the nature of the offence, the timing of settlement, and the possibility of conviction when exercising....
Criminal Law – Quash of Criminal proceedings - Power conferred under Section 482 of the Code is to be distinguished from the power which lies in the Court to compound the offences under Section 320 o....
Criminal Law – Offence of Attempt to Murder – Sought for quash of FIR – Amicable Settlement between parties - Criminal proceedings for offence under Section 307 IPC and/or the Arms Act, etc. which ha....
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