The inherent power of the High Court can be exercised to prevent the abuse of process of court or miscarriage of justice at any stage of the proceedings, including after the charge-sheet has been filed.

JUDGMENT :

Heard Mr. Ankit Kumar, learned counsel for the petitioner, Mr. Manoj Kumar Mishra, learned counsel for the State and Mr. Vikas Kumar, 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 the entire criminal proceedings including the First Information Report in connection with Deoghar (Town) P.S. Case No.216 of 2020, corresponding to POCSO Case No.17 of 2020, pending in the Court of the learned Additional Sessions Judge-III, Deoghar.

4. Mr. Ankit Kumar, learned counsel for the petitioner submits that the case was registered under Sections 376(2)(n) and 506 of the Indian Penal Code and under Section 6 of the POCSO Act against the petitioner. He further submits that subsequently compromise has been entered between the parties and the petitioner and opposite party no.2 had solemnized their marriage and they are living conjugal life happily.

5. Mr. Vikas Kumar, learned counsel for opposite party no.2 submits that the petitioner and opposite party no.2 had solemnized their marriage on 25.09.2020 in presence of father and mother of the informant and they are living happy conjugal life at RBI-136B East Railway Colony, Mathura Junction, Uttar Pradesh, which is the work place of the petitioner.

6. Both the counsel jointly submit that I.A. No.2783 of 2022 has been filed for joint compromise, which is supported by the affidavits of the petitioner as well as opposite party no.2.

7. The Hon’ble Supreme Court in the case of Anand Kumar Mahatta v. State (NCT of Delhi) , reported in (2019) 11 SCC 706 has held that inherent power of the High Court to quash the proceeding can be exercised even after the charge-sheet has been filed. Paragraph 16 of the said judgment is quoted herein below:

“16. There is nothing in the words of this section which restricts the exercise of the power of the Court to prevent the abuse of process of court or miscarriage of justice only to the stage of the FIR. It is settled principle of law that the High Court can exercise jurisdiction under Section 482 CrPC even when the discharge application is pending with the trial court. Indeed, it would be a travesty to hold that proceedings initiated against a person can be interfered with at the stage of FIR but not if it has advanced and the allegations have materialised into a charge-sheet. On the contrary it could be said that the abuse of process caused by FIR stands aggravated if the FIR has taken the form of a charge-sheet after investigation. The power is undoubtedly conferred to prevent abuse of process of power of any court.”

8. In view of the above submission of the learned counsel for the parties and looking to the statements made in the I.A. particularly paragraph 3, wherein, it has been disclosed that the petitioner and opposite party no.2 had solemnized their marriage and they are living happy conjugal life at Mathura, it appears that there is no societal interest involved in this case. The compromise has been entered between the parties and now they are living happily.

9. In view of the aforesaid facts and reasons, the entire criminal proceedings including the First Information Report in connection with Deoghar (Town) P.S. Case No.216 of 2020, corresponding to POCSO Case No.17 of 2020, pending in the Court of the learned Additional Sessions Judge-III, Deoghar is, hereby, quashed.

10. Accordingly, this petition stands allowed and disposed of.

11. Consequently, I.A. No.2783 of 2022 stands disposed of.