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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANIL KUMAR CHOUDHARY
Akhtar Khan – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
ANIL KUMAR CHOUDHARY, J.
Heard the parties.
2. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 582 of the Bharatiya Nagarik Suraksha Sanhita, 2023 with the prayer to quash the entire criminal proceeding including the order dated 11.12.2019, passed by the learned Judicial Magistrate-cum-A.M- V, Ranchi in connection with Complaint Case No. 1902/2019 whereby and whereunder the learned Judicial Magistrate-cum- A.M-V, Ranchi has found prima facie case for the offence punishable under Section 506 of the Indian Penal Code.
3. The learned counsel for the petitioner and the learned counsel for the opposite party no.2 jointly drawing attention of this Court to the supplementary affidavit dated 01.12.2025 submit that therein it has been mentioned that with the help of friends and well wishers, the petitioner and his niece namely, Firoza Khanam who is wife of the opposite party no.2 have entered into a joint compromise and joint declaration by the niece of the petitioner namely, Firoza Khanam and the O.P. No.2 have been filed before the Principle Judge, Family Court, Varanasi. It is next jointly submitted by the learned counsel f
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.
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 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 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 in private disputes, particularly matrimonial ones, if a full settlement is reached and continuation would cause injustice.
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 High Court can quash criminal proceedings under Section 482 of the Code of Criminal Procedure if a complete settlement exists between parties and the possibility of conviction is deemed remote.
The main legal point established in the judgment is that in cases of matrimonial disputes and compromises between the parties, the court may quash the criminal proceeding if the possibility of convic....
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