IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANIL KUMAR CHOUDHARY
Pradeep Bagaria @ Pradeep Kumar Bagaria @ Pradeep Bagedia, son of late Ramchandra Bagaria – 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 B.N.S.S., 2023 with the prayer to quash the entire criminal proceeding against the petitioners including the order taking cognizance dated 04.02.2023 passed by the learned Judicial Magistrate 1st Class, Giridih in connection with Complaint Case No.1604 of 2022, whereby and where under, the learned Judicial Magistrate 1st Class, Giridih has taken cognizance of the offences punishable under Sections 147, 149, 323, 341, 406, 427, 451, 379, 504 and 506 of the Indian Penal Code.
3. Learned counsel for the petitioners and the learned counsel for the opposite party no.2 jointly drawing attention of this Court to the Interlocutory Application No.3758 of 2026 which is supported by separate affidavits of the petitioner nos.1, 2 and 4 and the opposite party no. 2 submits that therein it has categorically been mentioned that the petitioners and the complainant have entered into a compromise with the intervention of well-wishers and friends and both the parties have resolved their dispute. It is next jointly submitted by the le
Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur and Others vs. State of Gujarat and Another
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 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 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 amicable settlement between parties, especially when the offences are not heinous and continuation would cause hardship.
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 affirmed the inherent power to quash criminal proceedings based on compromise, emphasizing its application in cases predominantly of civil nature.
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 quashed non-heinous private dispute criminal proceedings upon voluntary compromise, as continuation would abuse process, render conviction remote, and cause prejudice, following guidelines....
The High Court can quash FIRs in cases of private disputes that have been amicably settled, preventing abuse of process and securing justice.
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.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.