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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANIL KUMAR CHOUDHARY
Tempa @ Tempa Sheikh @ Basir Sheikh, s/o. Jhatu Sheikh – Appellant
Versus
State of Jharkhand – Respondent
| Table of Content |
|---|
| 1. criminal petition filed to quash fir (Para 2) |
| 2. parties reached an amicable compromise (Para 3 , 4 , 5) |
| 3. high court's inherent jurisdiction in criminal matters (Para 6) |
| 4. nature of offences not serious; possible injustice to accused (Para 7 , 8) |
| 5. court quashes criminal proceedings based on compromise (Para 9 , 10 , 11 , 12) |
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 Bharatiya Nagarik Suraksha Sanhita, 2023 with the prayer to quash the entire criminal proceeding including the F.I.R. in connection with Barharwa P.S. Case No.79 of 2025 registered for the offences punishable under Sections 190, 191(2), 191(3), 126(2), 115(2), 118(1), 352, 351(2), 109(2) of Bhartiya Nyaya Sanhita, 2023 and Section 3(1) (r) (s) (x) (y) (za) (zc) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 and the said case is now pending in the court of learned Special Judge, SC/ST Act, Sahibganj.
3. Learned counsel for the petitioners submits that the investigation of the case is still going on but charge-sheet has not yet been su
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.
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 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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