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ANIL KUMAR CHOUDHARY
Vikram Pratap @ Vikram Pratap Singh @ Sonu Singh, S/o. Partapeshwar Singh – 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 Cr.P.C. with a prayer for quashing the entire criminal proceeding including the First Information Report in connection with Tinpahar P.S. Case No. 23 of 2023 registered for the offences punishable under Sections 147, 148, 341, 323, 324, 325, 307, 504, 506 and 34 of Indian Penal Code, now pending in the court of Sub-Divisional Judicial Magistrate, Rajmahal.
3. It is jointly submitted by the learned counsel for the petitioners and the learned counsel for the opposite party no.2 by drawing attention of the court to Interlocutory Application No.2662 of 2024 which is supported by separate affidavit of the petitioner no.1, the injured persons namely Surendra Kumar Arya, Antu Malto as well as the opposite party no.2 and submits that therein it has been mentioned that the parties have settled their dispute. It is next jointly submitted by the learned counsel for the petitioners and the learned counsel for the opposite party no.2 that the dispute is a personal dispute and no public policy is involved and the compromise has been e
The court quashed the FIR based on a compromise between parties, emphasizing that continuation of proceedings would cause injustice and that the possibility of conviction was remote.
High Court quashed proceedings under inherent powers for non-heinous private land dispute offences including attempt to murder, post-compromise at investigation stage, as injuries simple, conviction ....
The main legal point established is that the power under Section 482 of the Code of Criminal Procedure should be exercised sparingly and with caution, considering the nature of the offence, possibili....
Compromise between parties in non-heinous criminal cases allows for quashing proceedings if continuation would cause oppression, outlining the scope of Section 482 of the Criminal Procedure Code.
High Court quashed proceedings for non-heinous offences on parties' compromise in private dispute, as continuation abuses process, conviction remote, securing ends of justice per Supreme Court guidel....
The main legal point established in the judgment is that the High Court has the inherent power to quash criminal proceedings under Section 482 of the Code, especially when the parties have settled th....
The court can quash criminal proceedings when a private dispute is resolved through compromise, indicating a remote chance of conviction and preventing abuse of the legal process.
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 the parties have settled their disputes, provided the offences are not heinous and the continuatio....
The High Court can quash criminal proceedings based on settlement between parties if continuation poses an injustice, especially in non-heinous, private disputes.
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