IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANIL KUMAR CHOUDHARY
Md. Firoz Khan @ Md. Firoj Khan @ Surendra Kumar Singh, S/o. Md. Hannan Khan – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
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 the entire criminal proceeding and the order dated 29.11.2022 as well as the FIR being Bankmore P.S. case no. 305 of 2019 (G.R. No. 2527 of 2021) involving the offences punishable under Sections 467 , 468, 471, 420, 120B and 34 of the IPC, pending in the court of learned CJM, Dhanbad.
3. Learned counsel for the petitioners and learned counsel for the informant jointly draws attention of the court to the I.A. No. 5072 of 2025 which is supported by separate affidavits of the petitioner as well as the informant and submits that therein it has been mentioned that during the pendency of the case, the dispute between the parties has amicably been settled and the amount of Rs. 8,20,000/- has been paid to the informant by the petitioner and thereafter also, several substantial amounts have further been paid. It is next submitted that since both the parties have settled the matter, hence, the informant does not want to proceed with the case and in view of the compromise between the parties, the informant is not
Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur and Others v. State of Gujarat and Another
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 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 compromise in private disputes if it serves justice and prevents abuse of process.
The court's decision was influenced by the principle that in cases of private civil disputes with a complete settlement between the offender and the victim, the possibility of conviction being 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 under Section 482 of the Code of Criminal Procedure when a private dispute is settled, 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 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 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 FIRs in cases of private disputes that have been amicably settled, preventing abuse of process and securing justice.
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