The main legal point established in the judgment is that in cases of settled disputes with no societal interest or chance of conviction, the court may exercise its power to quash criminal proceedings.

JUDGMENT :

In both the cases common order and complaint (converted into F.I.R. being Sakchi P.S. Case No. 109/2021) are under challenge that is why both the petitions are being heard together with the consent of the parties.

2. Heard Mr. Anil Kumar Sinha, learned senior counsel for the petitioners, Mrs. Vandana Bharti and Mr. Veervijay Pradhan, learned counsel for the State and Mr. Anil Kumar, learned counsel for the O.P. No. 2.

3. These criminal miscellaneous petitions have been filed for quashing of order dated 09.03.2021 passed in connection with Complaint Case No. 521 of 2021 whereby complaint has been sent under section 156(3) Cr.P.C. for institution of F.I.R. and investigation and also for quashing of entire criminal proceeding including F.I.R. in connection with Sakchi P.S. Case No. 109/2021 dated 28.05.2021, pending in the Court of learned Chief Judicial Magistrate, Jamshedpur.

4. Mr. Anil Kumar Sinha, learned senior counsel appearing for the petitioners submits that the case is arising out of business transaction and now both the parties have compromised the dispute for that joint compromise petitions have been filed on behalf of petitioners as well as O.P. No. 2 by way of I.A. No. 5663/2022 in Cr. M.P. No. 576 of 2022 and I.A. No. 5662 of 2022 in Cr. M.P. No. 605/2022 seeking permission to compromise the case. He further submits that there is no societal interest involved in this case and the entire criminal proceeding can be quashed.

5. Mr. Anil Kumar, learned counsel appearing for the O.P. No. 2 accepts the submission of the learned counsel for the petitioners and submits that compromise has reached between the parties. He submits that O.P. No. 2 has no grievance. He submits that O.P. No. 2 does not want to proceed further in the matter. He submits that the entire criminal proceeding can be quashed.

6. Learned counsel for the State submits that as the case has been compromised between the parties, the court may pass appropriate order.

7. In the case of Narinder Singh & Ors. Versus State of Punjab & Anr., reported in (2014) 6 SCC 466, the Hon’ble Supreme Court has held that in those cases which are not compoundable and there is no chance of conviction and also there is no societal interest, where the parties have settled the matter between themselves, the power is to be exercised. In Paragraphs-27 and 28, the Hon’ble Supreme Court has held as follows:-

“27. At this juncture, we would like also to add that the timing of settlement would also play a crucial role. If the settlement is arrived at immediately after the alleged commission of offence when the matter is still under investigation, the High Court may be somewhat liberal in accepting the settlement and quashing the proceedings/investigation. Of course, it would be after looking into the attendant circumstances as narrated in the previous para. Likewise, when challan is submitted but the charge has not been framed, the High Court may exercise its discretionary jurisdiction. However, at this stage, as mentioned above, since the report of the I.O. under Section 173, Cr.P.C. is also placed before the Court it would become the bounding duty of the Court to go into the said report and the evidence collected, particularly the medical evidence relating to injury etc. sustained by the victim. This aspect, however, would be examined along with another important consideration, namely, in view of settlement between the parties, whether it would be unfair or contrary to interest of justice to continue with the criminal proceedings and whether possibility of conviction is remote and bleak. If the Court finds the answer to this question in affirmative, then also such a case would be a fit case for the High Court to give its stamp of approval to the compromise arrived at between the parties, inasmuch as in such cases no useful purpose would be served in carrying out the criminal proceedings which in all likelihood would end in acquittal, in any case.

28. We have found that in certain