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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Sanjay Kumar Dwivedi, J.
Ullas Kar Sahu @ Sri U.K. Sahu @ U.K. Sah, S/o. Krishna Chandra Sahu - Petitioner
Versus
The State of Jharkhand, Anr. - Opposite Parties
Cr. M.P. No. 2671 of 2021
Decided On : 13-05-2022
Settlement - Criminal Proceeding - The court quashed the criminal proceeding after the parties settled the dispute and the amount in question was paid as full and final settlement. The court relied on the judgments of the Hon'ble Supreme Court in Gian Singh Vs. State of Punjab & Anr. and Narinder Singh & Ors. Versus State of Punjab & Anr. to exercise power under Section 482 Cr.P.C.
Fact of the Case:
The petition was filed to quash the entire criminal proceeding arising from a commercial transaction, as the parties had settled the dispute and the amount in question had been paid as full and final settlement.
Finding of the Court:
The court found that the parties had settled the dispute and the amount in question had been paid as full and final settlement. Relying on the judgments of the Hon'ble Supreme Court, the court exercised power under Section 482 Cr.P.C. to quash the criminal proceeding.
Issues: Settlement of dispute, exercise of power under Section 482 Cr.P.C.
Ratio Decidendi: The court can exercise power under Section 482 Cr.P.C. to quash criminal proceedings when the parties have settled the dispute and the amount in question has been paid as full and final settlement.
Final Decision: The entire criminal proceeding arising from the commercial transaction was quashed, and the petition was allowed and disposed of.
JUDGMENT :
1. Heard Mr. Shailesh, learned counsel for the petitioner, Mr. P.D. Agrawal, learned counsel for the State and Mr. Vijay Kant Dubey, learned counsel for opposite party no.2.
2. This petition has been taken through Video Conferencing in view of the guidelines of the High Court taking into account the situation arising due to COVID-19 pandemic. None of the parties have complained about any technical snag of audio-video and with their consent this matter has been heard.
3. This petition has been filed for quashing entire criminal proceeding arising out of C.P. Case No.3075/2013 including the order taking cognizance dated 20.08.2015, pending in the court of the learned Judicial Magistrate, 1st Class, Dhanbad.
4. Mr. Shailesh, learned counsel for the petitioner submits that the case is arising out of commercial transaction between the petitioner and opposite party no.2 and it has been alleged by the complainant that the petitioner did not clear commission amount and therefore the complaint case has been filed. He further submits that now both the parties have settled the dispute and for that I.A. No.3183 of 2022 has been filed for joint compromise. He also submits that sum of Rs.2 Lakhs by way of bank draft dated 07.04.2022 has been paid to opposite party no.2 as full and final settlement of all financial transaction existing between the petitioner and opposite party no.2 and in view of that this petition may be allowed by this Court.
5. Mr. Vijay Kant Dubey, learned counsel for opposite party no.2 accepts the submission of Mr. Shailesh, learned counsel for the petitioner and submits that the reason for allowing the petition has been disclosed in the said I.A. He further submits that the amount in question has been received by opposite party no.2 as full and final settlement of all financial transaction.
6. In view of the above facts and considering that both the parties have settled the dispute and the amount in question has already been paid to opposite party no.2 as full and final settlement and there is no societal interest involved in this petition and also looking to the judgments passed by the Hon'ble Supreme Court in the case of Gian Singh Vs. State of Punjab & Anr. reported in (2012) 10 SCC 303 and in the case of Narinder Singh & Ors. Versus State of Punjab & Anr., reported in (2014) 6 SCC 466, it is a fit case to exercise power under Section 482 Cr.P.C. Accordingly, the entire criminal proceeding arising out of C.P. Case No.3075/2013 including the order taking cognizance dated 20.08.2015, pending in the court of the learned Judicial Magistrate, 1st Class, Dhanbad is, hereby, quashed.
7. Resultantly, this petition stands allowed and disposed of.
8. Consequently, I.A. No.3183 of 2022 stands disposed of.
AI
The court can exercise power under Section 482 Cr.P.C. to quash criminal proceedings when the parties have settled the dispute and the amount in question has been paid as full and final settlement.
The court can quash criminal proceedings in cases of settlement, absence of societal interest, and offenses with a predominantly civil nature, as established in the judgments of Narinder Singh & Ors.....
The central legal point established in the judgment is the court's authority to quash criminal proceedings in the interest of justice, particularly in cases where a compromise has been reached betwee....
The main legal point established in the judgment is that the power to quash criminal proceedings can be exercised when the dispute has been settled between the parties, the amount in question has bee....
Redundant criminal proceedings should not be allowed to continue.
The wide ambit and plenitude of the inherent power of the High Court to prevent an abuse of the process of any court or to secure the ends of justice under Section 482 of Cr.P.C.
Point of Law : Cheating - Settlement Agreement – Fir quashed - Parties having settled disputes amongst themselves and dispute arising from commercial transactions amongst themselves with no loss to S....
The court can quash criminal proceedings based on a compromise between parties, provided the necessary legal requirements are met, especially when a public servant is involved.
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