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ANIL KUMAR CHOUDHARY
Naganand M@M Naganad S/o Manjunath – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
ANIL KUMAR CHOUDHARY, J.
1. 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 arising out of Bistupur P.S. Case No. 144 of 2023 registered for the offences punishable under Sections 406, 420 and 34 of the Indian Penal Code which is now pending before the learned Chief Judicial Magistrate, Jamshedpur.
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. 10975 of 2023 which is supported by the affidavit of the Pairvikar of the petitioner and opposite party No. 2/informant wherein it has been mentioned that the petitioner and the opposite party No. 2 have compromised the matter vide Memorandum of Settlement dated 15.09.2023 without any force, coercion, pressure, threat or inducement and in view of full and final settlement between the parties, the opposite party No. 2 does not want to pursue with the said Bistupur P.S. Case No. 144 of 2023. Learned counsel for the petitioner submits that the dispute
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....
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....
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 court can quash criminal proceedings under Section 482 of the CrPC when parties settle their dispute, especially in cases with a civil nature, preventing 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....
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 may quash criminal proceedings based on a compromise between parties if the dispute is private, not heinous, and continuation of proceedings would cause injustice.
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