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ANIL KUMAR CHOUDHARY
Sanjeev Ramesh Khandelwal, son of Ramesh Khandelwal – 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 Bankmore P.S. Case No.41 of 2023 registered for the offence punishable under Sections 420, 409, 504, 506 and 120-B of the Indian Penal Code 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 draw the attention of this Court towards page-70-71 of the brief which is the copy of the affidavit sworn by the informant wherein he has stated that the case was lodged with the police for outstanding payment of the companies namely Krishnaping Alloys Limited and Krishnaping Minerals Private Limited of which the petitioner No.1 is the Director and the petitioner No.2 is the Ex-Director and after filing of the complaint upon discussion, the informant came to know that the payment was held up because of a commercial dispute on the part of the petitioner No.1 and the petitioners are ready and willing to make the payment for legit
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 has the jurisdiction to quash criminal proceedings based on a compromise between parties, especially in private disputes where continuation would amount to an 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....
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....
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 if the parties have settled their disputes, provided the offences are not heinous and the continuatio....
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 may quash criminal proceedings based on a compromise between parties if the dispute is private, not heinous, and continuation of proceedings would cause injustice.
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....
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