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ANIL KUMAR CHOUDHARY
Amit Kumar – 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 First Information Report as well as the entire criminal proceedings arising out of Mahila Thana P.S. Case No.59 of 2020 registered for the offences punishable under Sections 498-A, 323, 504, 506 of the Indian Penal Code read with Section 3/4 of the Dowry Prohibition Act pending in the court of learned Judicial Magistrate-1st Class, Ranchi.
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.6372 of 2023 which is supported by the affidavit of the petitioner and the opposite party No.2 and submit that therein it has been mentioned that during the course of the proceedings of Original Matrimonial Suit No.420 of 2021 now pending in the Family Court, Ranchi upon mediation at Mediation Centre, Ranchi and with the intervention of common well-wishers and family friends, the petitioner and the opposite party No.2 have compromised the case and settled all their dispute. It is next
The central legal point established in the judgment is that the power to quash criminal proceedings should be exercised to secure the ends of justice and prevent abuse of the process of any court. In....
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.
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.
Compromise in private disputes justifies quashing of FIR and proceedings to prevent abuse of process and secure justice, particularly when conviction chances are remote.
The High Court can quash criminal proceedings under Section 482 of the Code of Criminal Procedure if a complete settlement exists between parties and the possibility of conviction is deemed remote.
In matrimonial disputes with a civil flavor, the High Court may quash criminal proceedings if a full settlement exists, preventing abuse of process and securing the ends of justice.
The main legal point established in the judgment is that in cases of matrimonial disputes and compromises between the parties, the court may quash the criminal proceeding if the possibility of convic....
Point of Law : No useful purpose shall be served by prolonging the proceedings of above mentioned case.
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