ANIL KUMAR CHOUDHARY
Nirman Traders – 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 of the Code of Criminal Procedure with a prayer to quash the order dated 05.09.2022 passed by the learned Chief Judicial Magistrate, Dhanbad in Complaint Case No.9806 of 2022 whereby and where under complaint has been referred under Section 156 (3) Cr.P.C. to police and for quashing the F.I.R. of Saraidhela P.S. Case No.167 of 2022 registered for the offence punishable under Sections 420, 406, 384, 385, 386, 387, 389, 120 B of the Indian Penal Code pending in the court of Chief Judicial Magistrate, Dhanbad.
3. Learned counsel for the petitioners and learned counsel for the opposite party No.2 jointly draw the attention of this Court towards the Interlocutory Application No.3596 of 2023 and submit that the said Interlocutory Application is supported by the separate affidavits of the petitioner No.2 and the opposite party No.2 and it is jointly signed by the petitioner Nos.2 and 3 as well as the opposite party No.2 and the parties have compromised the dispute outside the court. It is next submitted by the learned counsel for the petitioners that
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 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 High Court can quash criminal proceedings based on compromise in private disputes if it serves justice and prevents abuse of process.
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....
Quashing of criminal proceedings is justified in cases of private disputes with a remote possibility of conviction to prevent oppression and prejudice to the accused.
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....
High Court may quash non-heinous private dispute proceedings under inherent powers where parties fully compromise, conviction becomes remote, and continuation abuses process.
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 can quash criminal proceedings if the parties have settled their dispute, and continuation would be an abuse of process, particularly in non-heinous cases.
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