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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANIL KUMAR CHOUDHARY
Eklavya Singh, S/o. Late Rajnarayan Singh – Appellant
Versus
State of Jharkhand – Respondent
| Table of Content |
|---|
| 1. jurisdiction invoked to quash criminal proceedings. (Para 2) |
| 2. contention of compromise and its implications. (Para 3 , 4 , 5) |
| 3. guiding principles for quashing proceedings. (Para 6) |
| 4. court's analysis on the nature of the offence. (Para 7 , 8) |
| 5. court’s conclusion to quash proceedings. (Para 9 , 10 , 11 , 12) |
JUDGMENT :
ANIL KUMAR CHOUDHARY, J.
Heard the parties.
2. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 with the prayer to quash the entire criminal proceedings of Tisra P.S. Case No.02 of 2023 registered for the offences punishable under Sections 147, 148, 149, 307, 427, 506 of the Indian Penal Code and Section 27 of the Arms Act and the said case is now pending in the court of learned J.M-1st Class, Dhanbad.
3. Learned counsel for the petitioners submits that the investigation of the case is still going on and charge-sheet has not yet been submitted in this case.
4. Learned counsel for the petitioners and learned counsel for the informant/opposite party No.2 and opposite party No.3 jointly draw the attention of this Court towards Interlocutory Applic
Compromise between parties in non-heinous criminal cases allows for quashing proceedings if continuation would cause oppression, outlining the scope of Section 482 of the Criminal Procedure Code.
High Court quashed proceedings for non-heinous offences on parties' compromise in private dispute, as continuation abuses process, conviction remote, securing ends of justice per Supreme Court guidel....
High Court quashed proceedings under inherent powers for non-heinous private land dispute offences including attempt to murder, post-compromise at investigation stage, as injuries simple, conviction ....
The High Court can quash criminal proceedings under Section 482 of the Code of Criminal Procedure if the parties have settled their disputes, provided the offences are not heinous and the continuatio....
The court quashed the FIR based on a compromise between parties, emphasizing that continuation of proceedings would cause injustice and that the possibility of conviction was remote.
The High Court can quash criminal proceedings based on settlement between parties if continuation poses an injustice, especially in non-heinous, private disputes.
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.
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.
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