IN THE HIGH COURT OF JHARKHAND AT RANCHI
MR. JUSTICE ANIL KUMAR CHOUDHARY, J
Anil Kumar Tiwari Former – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
By the Court:-
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 including the order taking cognizance dated 04.05.2022 in Complaint Case No.17 of 2022 by which the learned Chief Judicial Magistrate, Lohardaga has found prima facie case for the offences punishable under Section 182, 211, 385, 506 and 120B 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.13566 of 2024 which is supported by the separate affidavits of the petitioner as well as the opposite party No.2/complainant and submit that therein it has categorically been mentioned that a compromise has been entered into between the petitioner and the opposite party No.2/complainant. It is next jointly submitted that good sense has prevailed between the parties after intervention of the friends as well as the well-wishers and the dispute between the parties has been settled. Learned Counsel for the petitioner submit
Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur & Others vs. State of Gujarat & Another
The High Court can quash criminal proceedings based on compromise in private disputes if it serves justice and prevents abuse of process.
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 can quash criminal proceedings based on a compromise between parties when the offences are not heinous and the possibility of conviction is remote.
The High Court can quash criminal proceedings based on amicable settlement between parties, especially when the offences are not heinous and continuation would cause hardship.
The High Court can quash criminal proceedings if the parties have settled their dispute, and continuation would be an abuse of process, particularly in non-heinous cases.
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....
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 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 court emphasized the power to quash criminal proceedings where a complete settlement exists between parties in non-heinous offences, ensuring no public policy is violated.
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