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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANIL KUMAR CHOUDHARY
Naresh Kumar Yadav @ Naresh Yadav, S/o. Late Bulaki Yadav – Appellant
Versus
State of Jharkhand – Respondent
| Table of Content |
|---|
| 1. quashing petition for pre-charge-sheet criminal case. (Para 2 , 3) |
| 2. parties compromised; informant and state consent to quashing. (Para 4 , 5) |
| 3. narinder singh guidelines for quashing non-compoundable offences on settlement. (Para 6) |
| 4. non-heinous private dispute; conviction remote post-compromise. (Para 7 , 8) |
| 5. proceedings quashed; petition and ia 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 of Hirodih P.S. Case No.55 of 2016 registered for the offences punishable under Sections 341, 323, 324, 307, 379, 504, 506 and 34 of the Indian Penal Code and the said case is now pending in the court of learned J.M-1st Class, Giridih.
3. Learned counsel for the petitioner 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 petitioner and learned counsel for the informant/opposite party No.2 jointly draw the attention of this Cour
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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....
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 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....
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