Back
IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANIL KUMAR CHOUDHARY
Fajlul Haque @ Fajal Sheikh S/o Abdul Khabir – Appellant
Versus
State of Jharkhand – Respondent
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 the Bharatiya Nagarik Suraksha Sanhita, 2023 with the prayer to quash the entire criminal proceeding including the F.I.R. in connection with Barharwa P.S. Case No.79 of 2025 registered for the offences punishable under Sections 190, 191(2), 191(3), 126(2), 115(2), 118(1), 352, 351(2), 109(2) of Bhartiya Nyaya Sanhita, 2023 and Section 3(1) (r) (s) (x) (y) (za) (zc) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 and the said case is now pending in the court of learned Special Judge, SC/ST Act, Sahibganj.
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 opposite party No.2 jointly draw the attention of this Court towards Interlocutory Application No.3619 of 2026 which is supported by the separate affidavits of the petitioner as well as the informant/victim/opposite party No.2 of the case and submit that there
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.
High Court may quash non-heinous private dispute proceedings under inherent powers where parties fully compromise, conviction becomes remote, and continuation abuses process.
The High Court may quash criminal proceedings in private disputes, particularly matrimonial ones, if a full settlement is reached and continuation would cause injustice.
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
