ANIL KUMAR CHOUDHARY
Aditya Maruka @ Aditya Murarka, son of Suresh Kumar Maruka – 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 proceedings including the First Information Report in connection with Dhanbad P.S. Case No.100 of 2021 registered for the offence punishable under Sections 468, 469, 406 and 420 of the Indian Penal Code which is now pending in the court of learned Chief Judicial Magistrate, Dhanbad.
3. Learned counsel for the petitioner and learned counsel for the opposite party No.2 jointly draw the attention of this Court towards the Interlocutory Application No.6305 of 2023 and submit that consequent upon a mediation before the Mediator appointed by JHALSA, matter has been amicably settled between the parties upon compromise. Learned counsel for both the parties jointly submit that the dispute between the parties has arisen out of commercial transaction. Learned counsel for the petitioner submits that since both the parties have settled their dispute, hence, the informant/opposite party No.2 does not want to proceed with the case. Learned counsel for the petitioner next submits th
Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur & Others vs. State of Gujarat & Another
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 of Criminal Procedure when a private dispute is settled, and continuation would be an abuse of process.
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 based on compromise in private disputes if it serves justice and prevents abuse of process.
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 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 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 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 High Court can quash FIRs in cases of private disputes where parties have settled, preventing abuse of process and securing justice.
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