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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANIL KUMAR CHOUDHARY
Ranjan Yadav @ Ranjan Rai @ Ranjay Ray, Son of Shri Khakhanu Ray – Appellant
Versus
State of Jharkhand – Respondent
| Table of Content |
|---|
| 1. petition under bnss section 528 to quash proceedings. (Para 1 , 2) |
| 2. parties compromised; informant and state consent to quashing. (Para 3 , 4 , 5) |
| 3. sc guidelines on quashing firs via inherent powers on compromise. (Para 6) |
| 4. non-heinous private dispute; remote conviction post-settlement. (Para 7 , 8) |
| 5. proceedings quashed qua petitioner; petition allowed. (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 including the order taking cognizance dated 08.06.2022 passed by the learned Judicial Magistrate-1st Class - XXVII, Ranchi in connection with Jagarnathpur P.S. Case No. 262 of 2018 corresponding to G.R. Case No. 3245 of 2018 involving the offences punishable under Sections 323, 341, 448, 506 of the Indian Penal Code.
3. Learned counsel for the petitioner submits that the case is next fixed for appearance of the accused persons and charge has not yet been framed in this case.
4. Learned counsel for the petitioner and the lear
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.
High Court quashed non-heinous criminal proceedings under inherent powers due to parties' full compromise in private family dispute, remote conviction chance, and to prevent 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 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.
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 criminal proceedings under Section 482 of the Code when a compromise between parties suggests that continuation would be unjust or oppressive, provided the offenses are not h....
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.
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