The power of quashing criminal proceedings in cases of settlement between the parties depends on the nature and gravity of the crime, societal interest, and the possibility of conviction.

JUDGMENT :

This petition has been filed for quashing the entire criminal proceeding including the order taking cognizance dated 10.11.2014 passed by the learned Judicial Magistrate, Hazaribag in connection with Patratu (Barkakana) P.S. Case No.230 of 2014, dated 21.09.2014, G.R. No.3862 of 2014, T.R. No.3212 of 2015, registered under Section 498A of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act, pending in the court of the learned Judicial Magistrate, 1st Class, Hazaribag.

2. A complaint case bearing Complaint Petition No.1070 of 2014 was filed by opposite party no.2 alleging therein that her marriage was solemnized with Anil Nayak on 19.11.2013 according to Hindu rites and custom at Rajrappa Temple. At the time of marriage, the mother of the complainant according to her capacity paid Rs.1 Lakh in cash and utensils and jewellery amounting to Rs.1,50,000/-. After marriage, the complainant went to her matrimonial home and remained there for one week thereafter her husband Anil Nayak after drinking wine along with these petitioners and assaulted the complainant and demanded additional dowry of Rs.2 Lakhs which was conveyed by the complainant to her mother and brother. The mother and the brother went to the village of the accused persons and verbal panchayati was done and assurance was given to keep the complainant in dignified manner in which she again started living her matrimonial house. The accused persons thereafter also continued the atrocities of torture and demand of additional dowry. On 27.04.2014, all the accused persons abused the complainant and the petitioners instigated the husband of the complainant to assault on the basis of which the husband of the complainant brutally assaulted. It was further alleged that petitioner nos.2 and 3 snatched the jewellery and threw her from house. On 06.09.2014 again the complainant along with the witnesses went to the matrimonial house of the complainant where the accused persons misbehaved. It was also alleged that the accused persons on threat got signature of the complainant on blank paper and they said on the basis of the said signature that the husband of the complainant will get divorce and he will remarry. The complainant went to register the case before the police station and upon suggestion filed a complaint case before the court.

3. At the outset, Mr. Shikarwar, learned counsel for the petitioners submits that both the parties have amicably settled the dispute and they have compromised the case.

4. Mr. Awanish Shankar, learned counsel for opposite party no.2 also submits that now the case has been compromised with the petitioners only.

5. They jointly submit that they have filed joint compromise petition being I.A. No.1969 of 2022, which has been affidavited by both the parties. They also submit that there is no societal interest involved in this petition and the matter is arising out of matrimonial dispute and, therefore, this petition is fit to be allowed.

6. This order is confined to only the petitioners in this case. The husband of opposite party no.2 is not the signatory in the joint compromise petition being I.A. No. 1969 of 2022.

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-29 and 30, the Hon’ble Supreme Court has held as follows:-

“29. 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 circu