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ANIL KUMAR CHOUDHARY
Vikash Suman, son of Sachchida Prasad Sah – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
(Anil Kumar Choudhary, J.) :
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 prosecution including the order dated 26.04.2023 passed by learned Judicial Magistrate-III, Ranchi in Complaint Case No.8716 of 2022 whereby and where under the learned Magistrate has taken cognizance of the offence punishable under Section 498-A of the Indian Penal Code.
3. Learned counsel for the petitioner and learned counsel for the opposite party No.2 jointly draw the attention of this Court towards Interlocutory Application No.10754 of 2023 which is supported by the separate affidavits of the petitioner and the opposite party No.2/complainant/informant wherein it has been mentioned that on 18.10.2023, the matter has amicably been settled between the parties and consequent upon the same, anticipatory bail has been granted to the petitioner. It is next jointly submitted that it has been agreed between the parties that they shall file a petition for dissolution of their marriage by way of mutual consent before the Family Court, Ranchi
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.
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....
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.
High Court may quash non-heinous private dispute proceedings under inherent powers where parties fully compromise, conviction becomes remote, and continuation abuses 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 under Section 482 of the Code of Criminal Procedure when a private dispute is settled, and the possibility of conviction is remote.
The High Court may quash criminal proceedings in private disputes, particularly matrimonial ones, if a full settlement is reached and continuation would cause injustice.
High Court quashed non-heinous criminal proceedings under inherent powers due to parties' full compromise in private family dispute, remote conviction chance, and to prevent 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....
The High Court can quash criminal proceedings based on compromise in private disputes if it serves justice and prevents abuse of process.
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