ANIL KUMAR CHOUDHARY
Krishna Bhagat @ Krishna Nand Bhagat @ Kaaru @ Karu – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
I.A. No.5656 of 2023
Heard the parties.
Learned counsel for the petitioner submits that this interlocutory application has been filed with a prayer to amend this Criminal Miscellaneous Petition by adding the prayer to quash the entire Criminal Miscellaneous Petition in connection with Borio P.S. Case No.22 of 2022 registered for the offence punishable under Sections 370/34 of the Indian Penal Code.
In this respect, learned counsel for the petitioners draws the attention of this Court towards page-13 of the instant interlocutory application which is the certified copy of the compromise petition filed on behalf of the informant and victim as well as the petitioner. Hence, it is submitted that the petitioners be permitted to incorporate the additional prayer as mentioned in the instant interlocutory application.
Considering the aforesaid facts, prayer is allowed.
Registry is directed to incorporate the additional prayer in the prayer portion of the instant Cr.M.P. with red ink.
Accordingly, this interlocutory application stands allowed.
Cr. M.P. No.135 of 2023
This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 482 of the Code of
Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur & Others vs. State of Gujarat & Another
The High Court has the power to quash criminal proceedings based on compromise, especially in cases of private disputes where the possibility of conviction is remote and bleak.
The High Court can quash criminal proceedings based on settlement between parties if continuation poses an injustice, especially in non-heinous, private disputes.
The High Court can quash criminal proceedings under Section 482 of the Code of Criminal Procedure when a private dispute is settled, and continuation would be an abuse of 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 based on compromise in private disputes if it serves justice and prevents abuse of process.
High Court quashed non-heinous private dispute criminal proceedings upon voluntary compromise, as continuation would abuse process, render conviction remote, and cause prejudice, following guidelines....
The High Court may quash criminal proceedings if the possibility of conviction is remote, and continuation of the case would cause oppression and prejudice to the accused despite a full and complete ....
The court established that settlements between parties can lead to the quashing of criminal proceedings under Section 482 Cr.P.C., especially when the case has a civil character and the possibility o....
High Court may quash non-heinous private dispute proceedings under inherent powers where parties fully compromise, conviction becomes remote, and continuation abuses process.
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