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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANIL KUMAR CHOUDHARY,
Akash Kumar Yadav – Appellant
Versus
State of Jharkhand – Respondent
| Table of Content |
|---|
| 1. filing of a criminal miscellaneous petition under section 528 (Para 2) |
| 2. compromise between parties leads to quashing proceedings (Para 3 , 4) |
| 3. criteria for quashing criminal proceedings under section 482 (Para 5 , 6 , 7) |
| 4. court's decision to quash proceedings based on compromise (Para 8 , 9) |
| 5. final order and disposal of the petition (Para 10 , 11) |
JUDGMENT :
ANIL KUMAR CHOUDHARY, J.
By the Court:- Heard the parties.
2. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 528 of the BNSS , 2023 with a prayer to quash and set aside the entire criminal proceedings including the entire F.I.R. in connection with Sahibganj (M) P.S. Case No.29 of 2022 registered for the offences punishable under Sections 147 , 148, 149, 307, 120 B of the INDIAN PENAL CODE and under Section 27 & 35 of the ARMS ACT , in which the investigation is still going on, which is now pending before the learned Additional Chief Judicial Magistrate, Sahibganj.
3. Learned counsel for the petitioners and learned counsel for the opposite party No.2 jointly draw the attention of this Court towards Interlocutory Application No. 5538 of 2025 which is sup
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 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 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 based on settlement between parties if continuation poses an injustice, especially in non-heinous, private disputes.
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 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.
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 in private disputes, particularly matrimonial ones, if a full settlement is reached and continuation would cause injustice.
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.
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