IN THE HIGH COURT OF JHARKHAND AT RANCHI
Sanjay Kumar Dwivedi, J.
Dhananjay Singh @ Dhanjay Singh and ors. - Petitioners
Versus
The State of Jharkhand and ors. - Opposite Parties
Cr.M.P. No. 175 of 2022
Decided On : 28-04-2022
Compromise - Quashing of FIR - The court quashed the FIR and order taking cognizance as the dispute between the parties had been settled through compromise, and there was no societal interest involved. The court relied on the legal principle established in the cases of Gian Singh Vs. State of Punjab & Anr. and Narinder Singh & Ors. Versus State of Punjab & Anr., and exercised power under Section 482 Cr.P.C.
Fact of the Case:
The petition was filed for quashing of the FIR and order taking cognizance in connection with a case pending in the court, as the dispute between the parties had been settled through compromise.
Finding of the Court:
The court found that the dispute between the parties had been settled and they were living conjugal life happily. It concluded that there was no societal interest involved and allowing the case to proceed would amount to abuse of process of law. The court relied on the legal principle established in the cases of Gian Singh Vs. State of Punjab & Anr. and Narinder Singh & Ors. Versus State of Punjab & Anr., and exercised power under Section 482 Cr.P.C.
Issues: The main issue was whether the FIR and order taking cognizance should be quashed in light of the settlement and compromise between the parties.
Ratio Decidendi: The court held that in cases where disputes have been settled through compromise and there is no societal interest involved, allowing the case to proceed would amount to abuse of process of law. The court relied on the legal principle established in the cases of Gian Singh Vs. State of Punjab & Anr. and Narinder Singh & Ors. Versus State of Punjab & Anr., and exercised power under Section 482 Cr.P.C.
Final Decision: The court quashed the FIR including the order taking cognizance, as the dispute between the parties had been settled through compromise and there was no societal interest involved.
JUDGMENT :
Heard Mr. Santosh Kumar Soni, learned counsel for the petitioners, Mr. P.D. Agrawal, learned counsel for the State and Mr. Santosh Kumar, learned counsel for opposite party no.2.
2. This petition has been filed for quashing of the FIR including the order taking cognizance dated 05.09.2017 passed by the learned Sub Divisional Judicial Magistrate, Bermo at Tenughat in connection with Kasmar P.S. Case No.98 of 2016, G.R. No.1216 of 2016, pending in the court of the learned Sub Divisional Judicial Magistrate, Bermo at Tenughat.
3. Mr. Santosh Kumar Soni, learned counsel for the petitioners submits that the petitioners are relatives of the informant. He further submits that now the petitioner no.1 has married with opposite party no.2. He also submits that the case has been compromised between the parties and now they reside happily and living conjugal life peacefully.
4. Mr. Santosh Kumar has appeared suo motu on behalf of opposite party no.2 and submits that he has filed counter affidavit. He further submits that there is compromise between the parties and opposite party no.2 does not want to pursue the instant case for her better future with the petitioners.
5. Mr. P.D. Agrawal, learned counsel for the State submits that compromise is there and averment to that effect has been made in paragraph 11 of the petition.
6. In view of the above facts and considering the submission of the learned counsel for the parties, it transpires that the dispute between petitioner no.1 and opposite party no.2 has now been settled and the case has been compromised and they are living conjugal life happily. There is no societal interest involved in this petition and to allow the case to proceed in the court below, will amount to abuse of process of law. There is no chance of conviction in view of the compromise. The law is well settled in this regard as held 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.
7. Accordingly, the FIR including the order taking cognizance dated 05.09.2017 passed by the learned Sub Divisional Judicial Magistrate, Bermo at Tenughat in connection with Kasmar P.S. Case No.98 of 2016, G.R. No.1216 of 2016, pending in the court of the learned Sub Divisional Judicial Magistrate, Bermo at Tenughat is, hereby, quashed.
8. This petition is, therefore, allowed and disposed of.
The Court can invoke inherent powers under Section 482 CrPC to quash proceedings based on a genuine and voluntary compromise, considering the nature of the offence, societal impact, and the ends of j....
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.