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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANIL KUMAR CHOUDHARY
Pramod Kumar, S/o. Late Mithlesh Sharma – Appellant
Versus
State of Jharkhand – Respondent
| Table of Content |
|---|
| 1. jurisdiction invoked under section 528. (Para 2) |
| 2. compromise between parties leads to request for quashing. (Para 3 , 4 , 5) |
| 3. court's observation on non-heinous nature of offences. (Para 6 , 7 , 8) |
| 4. court's decision to quash proceedings. (Para 9 , 10 , 11 , 12) |
JUDGMENT :
Heard the parties.
3. Learned counsel for the petitioner submits that the investigation of the case is going on and charge sheet has not yet been submitted in this case.
5. Learned Addl.P.P. appearing for the State submits that in view of the compromise between the parties, the State has no objection for quashing the First Information Report and entire criminal proceedings in connection with Taljhari P.S. Case No. 49 of 2022.
“11. Section 482 is prefaced with an overriding provision. The statute saves the inherent power of the High Court, as a superior court, to make such orders as are necessary (i) to prevent an abuse of the process of any court; or (ii) otherwise to secure the ends of justice. In Gian Singh [Gian Singh v. State of Punjab, (2012) 10 SCC 303 : (2012) 4 SCC (Civ) 1188 : (2013) 1 SCC (Cri) 160 : (2012) 2 SCC (L&S) 988] a Bench of three learned Judges of this Court adverted to the bo
Compromise in private disputes justifies quashing of FIR and proceedings to prevent abuse of process and secure justice, particularly when conviction chances are remote.
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 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 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 where parties have settled, preventing abuse of process and securing justice.
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....
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.
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.
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