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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Sanjay Kumar Dwivedi, J.
Subhash Singh and ors. – Petitioners
Versus
The State of Jharkhand and ors. - Opposite Parties
Cr.M.P. No. 2105 of 2022
Decided On : 12-09-2022
Compromise - Criminal Proceedings - Quashing of Proceedings under Section 482 Cr.P.C.
Fact of the Case:
The petition was filed for quashing of entire criminal proceedings in connection with a case pending in the court of the learned District & Additional Sessions Judge-VI-cum-Special Judge, SC/ST, Dhanbad, involving various sections of the Indian Penal Code and the SC/ST Act. Both parties had settled the dispute and a compromise had taken place.
Finding of the Court:
The court found that both parties had settled the dispute and there was no societal interest involved in the case. Citing relevant judgments, the court concluded that the criminal proceedings should be quashed under Section 482 Cr.P.C.
Issues: The main issue was whether the criminal proceedings should be quashed in light of the settlement between the parties and the absence of societal interest in the case.
Ratio Decidendi: The court relied on the judgments of the Hon'ble Supreme Court in Narinder Singh & Ors. v. State of Punjab & Anr. and Ramawatar v. State of Madhya Pradesh to support its decision to quash the criminal proceedings.
Final Decision: The entire criminal proceedings in connection with the case were quashed, and the petition was allowed and disposed of. The related application was also disposed of accordingly.
JUDGMENT :
Heard Mr. Shekhar Prasad Sinha, learned counsel for the petitioners, Mr. Ashish Kumar, learned counsel for the State and Mr. Nitish Krishna, learned counsel for opposite party no.2.
2. This petition has been filed for quashing of entire criminal proceedings in connection with Katras P.S. Case No.201/2020, corresponding to SC/ST Case No.69/2020, pending in the court of the learned District & Additional Sessions Judge-VI-cum-Special Judge, SC/ST, Dhanbad.
3. Mr. Shekhar Prasad Sinha, learned counsel for the petitioners submits that the case is registered under Section 341, 323, 427, 379, 506, 34 of the Indian Penal Code read with the offence under Section 3(iii)(x) of SC/ST Act. He further submits that the compromise has taken place and both the parties have settled the dispute.
4. Learned counsel Mr. Nitish Krishna has appeared suo motu on behalf of opposite party no.2 and he submits that due to enmity, the case has been lodged against the petitioners. He further submits that now good relationship has been developed and both the parties have settled their dispute. He also submits that I.A. No.6269 of 2022 has been filed for compromise and in paragraph 4 of the said I.A., it has been disclosed that due to some misconception the case has been lodged and now the same has been resolved.
5. Mr. Ashish Kumar, learned counsel for the State submits that now compromise has been taken place between the parties.
6. In view of the submissions of the learned counsel appearing for the parties and looking to the averments made in the said I.A., it transpires that both the parties have settled the dispute. Looking into the content of the FIR, it transpires that so far as SC/ST Act is concerned, it has not been disclosed that it has occurred in the public view. In this background, to allow the criminal proceedings to continue will amount to abuse of process of law. In the case of Narinder Singh & Ors. v. State of Punjab & Anr., reported in (2014) 6 SCC 466 , the Hon'ble Supreme Court in paragraphs 27 and 29.2 has held that even in the cases which are non-compoundable and there is no societal interest, the High Court can quash the proceeding under Section 482 Cr.P.C. Recently in the case of Ramawatar v. State of Madhya Pradesh , reported in 2021 SCC OnLine SC 966 , the Hon'ble Supreme Court has held that in appropriate cases even in the cases alleged under SC/ST Act, the criminal proceeding can be quashed.
7. In view of the above facts and considering that compromise has taken place between the parties and there is no societal interest involved in the case and in light of the aforesaid judgments, the entire criminal proceedings in connection with Katras P.S. Case No.201/2020, corresponding to SC/ST Case No.69/2020, pending in the court of the learned District & Additional Sessions Judge-VI-cum-Special Judge, SC/ST, Dhanbad is, hereby, quashed.
8. Accordingly, this petition stands allowed and disposed of.
9. Consequently, I.A. No.6269 of 2022 stands disposed of.
The court has the power to quash criminal proceedings under Section 482 Cr.P.C. in appropriate cases, especially when there is a settlement between the parties and no societal interest involved.
The court can quash criminal proceedings if a compromise has taken place between the parties and there is no societal interest involved, as supported by relevant judgments.
The main legal point established in the judgment is that the court has the inherent power to quash a criminal proceeding to prevent abuse of process of court and to secure the ends of justice, especi....
The voluntary nature of compromise, absence of societal interest, and personal nature of the occurrence can justify the exercise of power under Section 482 Cr.P.C. to quash criminal proceedings, as e....
The main legal point established is that the court can quash criminal proceedings on the basis of a genuine settlement between the parties, especially in cases where the offences are not of a serious....
The court can exercise its power under Section 482 Cr.P.C. to quash criminal proceedings based on a compromise between the parties, even if the sections are not compoundable, as long as the societal ....
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