IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANIL KUMAR CHOUDHARY
Najamul Haque Mondal @ Najmil Haque Mandal @ Najmul Haque Mandal, son of Mahasin Mondal @ Mohsin Mandal – Appellant
Versus
State of Jharkhand – Respondent
| Table of Content |
|---|
| 1. maintenance of fir in relation to a civil dispute (Para 2) |
| 2. settlement of disputes outside the court (Para 3 , 4) |
| 3. legal reasoning on quashing fir under section 482 crpc (Para 5 , 6) |
| 4. decision to quash fir and dispose of the petition (Para 7 , 8 , 9 , 10) |
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 FIR being Chutia P.S. Case No.212 of 2020 registered for the offence punishable under Section 406 , 420, 34 of Indian Penal Code in which investigation is still going on and charge sheet has not yet been submitted.
3. Learned counsel for the petitioner and the learned counsel for the opposite party no.2 jointly drawing attention of this Court to the Interlocutory Application No.1917 of 2026 which is supported by separate affidavits of the pairvikar of the petitioner and the informant-opposite party no. 2 submits that therein it has categorically been mentioned that the parties have settled their dispute outside the Court amicably by mutual consent without any force or coercion hence, nothing remains
Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur and Others vs. State of Gujarat and Another
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 may quash criminal proceedings when parties reach a compromise, particularly in non-heinous offences, as continuation of proceedings may cause undue hardship.
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 FIRs in cases of private disputes that have been amicably settled, preventing abuse of process and securing justice.
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 criminal proceedings based on amicable settlement between parties, especially when the offences are not heinous and continuation would cause hardship.
Compromise between parties can lead to quashing of FIR when the offences are private in nature and continuation would cause hardship, reaffirming the High Court's inherent powers to prevent abuse of ....
High Court may quash non-heinous private dispute proceedings under inherent powers where parties fully compromise, conviction becomes remote, and continuation abuses process.
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.
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.