IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANIL KUMAR CHOUDHARY
Dipu Mandal @ Pradip Mandal @ Pradip Prasad – Appellant
Versus
State Of Jharkhand – Respondent
JUDGMENT :
ANIL KUMAR CHOUDHARY, J.
1. Heard the parties.
2. This criminal miscellaneous petition has been filed invoking the jurisdiction of this Court under Section 528 of the B.N.S.S., 2023 with the prayer to quash the F.I.R. of Bagodar P.S. Case No. 98 of 2022 including the order taking cognizance dated 25.03.2023 in connection with S.T. Case No. 311 of 2023 arising out of the said Bagodar P.S. Case No. 98 of 2022 whereby and where under the learned Judicial Magistrate -1st Class, Giridih has found prima facie case for the offences punishable under Section 387/504/506/307/120B read with Section 34 of the Indian Penal Code and under Section 27 of the Arms Act.
3. The brief fact of the case is that the informant while present in his Dhaba, three persons riding a motorcycle came to the said Dhaba of the informant and demanded money and fired upon the informant but the informant escaped. The said three persons were raising slogans of N.S.P.M. Zindabad and thereafter they fled away.
4. The learned counsel for the petitioner and the learned counsel for the opposite party no.2, jointly drawing attention of this Court to page nos. 19-20 of the brief which is the copy of the certified copy o
Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur and Others vs. State of Gujarat and Another
Compromise between parties can lead to quashing of FIR when the offences are private in nature and continuation would cause hardship, reaffirming the High Court's inherent powers to prevent abuse of ....
The High Court may quash FIRs for non-serious offences if the parties have fully settled their dispute, serving the interests of justice and preventing abuse of process.
The High Court may quash criminal proceedings when parties reach a compromise, particularly in non-heinous offences, as continuation of proceedings may cause undue hardship.
The court can quash criminal proceedings based on a compromise between parties when the offences are not heinous and predominantly civil in nature, preventing abuse of process and ensuring justice.
The High Court can quash FIRs in cases of private disputes that have been amicably settled, preventing abuse of process and securing justice.
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.
High Court may quash non-heinous private dispute proceedings under inherent powers where parties fully compromise, conviction becomes remote, and continuation abuses process.
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 has the inherent power to quash criminal proceedings based on a compromise between parties, emphasizing that cases with predominantly civil characteristics can warrant such action to preve....
Compromise in private disputes justifies quashing of FIR and proceedings to prevent abuse of process and secure justice, particularly when conviction chances are remote.
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