IN THE HIGH COURT OF JHARKHAND AT RANCHI
Anil Kumar Choudhary
Yogendra Singh S/o Sudama 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 of the Code of Criminal Procedure with a prayer to quash the First Information Report including the entire criminal proceedings arising out of Patan P.S. Case No.79 of 2017 corresponding to G.R. No.1809 of 2017 registered involving the offences punishable under Sections 323, 307, 504, 506, 354 and 34 of the Indian Penal Code which is now pending in the court of learned Judicial Magistrate-1st Class, Daltonganj, Palamau.
3. Learned counsel for the petitioners and learned counsel for the opposite party No.2 jointly draw the attention of this Court towards Annexure-2 page- 16-17 of the brief; which is the copy of the certified copy of the petition filed by both the parties in the court of learned Judicial Magistrate-1st Class, Daltonganj, Palamau and submit that therein it has categorically been mentioned that the parties have settled their dispute and the both the informant and the petitioners are neighbours, hence, the opposite party No.2/informant does not want to proceed with the case. Learned Counsel for the petitioner
The High Court can quash FIRs in cases of private disputes where parties have settled, preventing abuse of process and securing justice.
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 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.
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 based on compromise in private disputes if it serves justice and prevents abuse of process.
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 based on a compromise between parties when the offences are not heinous and the possibility of conviction is remote.
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.
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.
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