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ANIL KUMAR CHOUDHARY
Sumant Prasad Gupta – 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 F.I.R. and the entire criminal proceedings pending against the petitioners in connection with Dhanwar P.S. Case No.120 of 2019 registered for the offences punishable under Sections 323, 341, 120B, 143, 147, 148, 504, 506, 307, 386 of the Indian Penal Code which is pending in the court of learned J.M. 1st Class, Giridih.
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.7165 of 2019 which is supported by the separate affidavits of the Pairvikar of the petitioners and the opposite party No.2 and submit that therein it has been mentioned that the informant/opposite party No.2/victim has compromised the case outside the court with consultation and advice of their well-wishers and common friends and now cordial relationship has been restored and good sense has prevailed between the parties. Learned counsel for the petitioners and learned counsel for the opposite party No.2
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 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....
High Court quashed proceedings under inherent powers for non-heinous private land dispute offences including attempt to murder, post-compromise at investigation stage, as injuries simple, conviction ....
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 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....
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....
The court can quash criminal proceedings when a private dispute is resolved through compromise, indicating a remote chance of conviction and preventing abuse of the legal process.
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....
The main legal point established is that the nature of offences and the settlement between the parties are crucial factors in determining the quashing of FIRs based on compromise.
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