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ANIL KUMAR CHOUDHARY
Jishan Ahmad @ Zishan Ahmad, S/o. Sohail Ahmad – 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 Bank More (Bhuli O.P.) Case No.116 of 2023 registered for the offence punishable under Sections 307, 120 B and 34 of the Indian Penal Code and Section 27 of the Arms Act which is now pending in the court of learned Chief Judicial Magistrate, Dhanbad.
3. Learned counsel for the petitioners and learned counsel for the opposite party No.2 jointly drawing the attention of this Court towards Annexure-2 which is the copy of the certified copy of the joint compromise petition filed by the parties in the court of Chief Judicial Magistrate, Dhanbad submit that therein it has been categorically mentioned that the parties have compromised the case and settled all their disputes with the intervention of friends and well-wishers and due to misunderstanding, this case was lodged against the petitioners and the petitioners have no involvement in this case. Learned counsel for the petitioners and learned counsel for the opposite party No.2 further jointly submit that good and cord
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....
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's decision was influenced by the principle that in cases of private civil disputes with a complete settlement between the offender and the victim, the possibility of conviction being remote....
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 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....
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 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.
The court's decision was influenced by the principles that the High Court should be guided by in giving adequate treatment to the settlement between the parties and exercising its power under Section....
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....
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