Back
IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANIL KUMAR CHOUDHARY
Vivek Kumar @ Vivek Yadav – Appellant
Versus
State Of Jharkhand – Respondent
| Table of Content |
|---|
| 1. petition seeks quashing of fir post-parties' compromise. (Para 2 , 3) |
| 2. private dispute; remote conviction; state consents quashing. (Para 4 , 5 , 6) |
| 3. sc guidelines limit quashing to non-heinous settled cases. (Para 7) |
| 4. non-serious offences; settlement prevents process abuse. (Para 8 , 9) |
| 5. proceedings quashed; petition and ia allowed. (Para 10 , 11) |
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 proceeding including the First Information Report arising out of Tatisilway P.S. Case No. 104 of 2025 registered under Sections 115 (2)/ 126(2)/ 109 and 3(5) of Bharatiya Nyaya Sanhita.
3. Learned counsel for the petitioner and learned counsel for the informant drawing attention of this Court to I.A. No. 17495 of 2025 which is supported by the separate affidavits of the petitioners as well as the O.P. Nos.2 and 3 submit that therein it has been mentioned that consequent upon the compromise effected to between the parties; the matter has amicably been settled betw
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....
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 non-heinous petty private dispute proceedings on compromise, as conviction remote and continuation abuses process, causing oppression despite settlement.
High Court quashed proceedings for non-heinous offences in civil dispute upon party settlement, as conviction remote and continuation abusive, per guidelines on inherent powers.
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 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 can quash criminal proceedings under Section 482 of the CrPC when parties settle their dispute, especially in cases with a civil nature, preventing abuse of process.
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
