Back
ANIL KUMAR CHOUDHARY
Suman Prasad – 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 entire criminal proceeding in connection with Koderma P.S. Case No.209 of 2021 dated 12.11.2021 registered for the offences punishable under Sections 406 and 420 of the Indian Penal Code which is pending in the court of Chief Judicial Magistrate, Koderma.
3. Learned counsel for the petitioner and learned counsel for the opposite party No.2 jointly draw the attention of this Court towards Annexure-2 of the counter-affidavit which is the settlement arrived at between the parties at the District Mediation Centre, Koderma and submit that the parties have settled their dispute by mediation before the mediator. Learned counsel for the petitioner next submits that the dispute between the parties is basically a civil dispute and as complete settlement has arrived at between the parties, hence, the petitioner will be put to great hardship and difficulty unless the entire criminal proceeding of Koderma P.S. Case No.209 of 2021, as prayed for by the petitioner, is quashed. It is next submitted t
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 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 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 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 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.
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 if the parties have settled their dispute, and continuation would be an abuse of process, particularly in non-heinous cases.
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 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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
