IMPORTANT POINT
The main legal point established is that the power under Section 482 of the Code of Criminal Procedure should be exercised sparingly and with caution, considering the nature of the offence, possibility of conviction, and timing of the settlement.

JUDGMENT :

Heard the parties.

2. This Cr.M.P. has been filed invoking the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure with a prayer to quash the entire criminal proceeding arising out of Katras P.S. Case No.32 of 2021 dated 04.02.2021 registered for the offences punishable under Section 323, 341, 307, 354, 448, 504, 506 & 34 of the Indian Penal Code, pending in the court of learned Sub Divisional Judicial Magistrate, Dhanbad.

3. Drawing attention of this Court to the copy of the certified copy of the petition for compromise jointly filed by the petitioner, informant and the victim, in the court of Sessions Judge, Dhanbad, it is jointly submitted by the learned counsel for the petitioner and learned counsel for the opposite party No.2 that upon the intervention of common friends and well-wishers, the parties have settled their dispute amicably. It is next submitted by the learned counsel for the petitioner and the learned counsel for the opposite party no.2 that the petitioner and the opposite party no.2 are residents of the same locality and because of some misunderstanding, this case was instituted. It is then submitted that in view of the compromise between the parties, the informant does not want to proceed with the case and the petitioner is a student of Bachelor of Arts. It is then submitted that the offence punishable under Section 307 of the Indian Penal Code is not made out even if the allegation against the petitioner as made out in the F.I.R. is accepted in its entirety to be true. It is next submitted that there is no direct or serious allegation bestowed upon the petitioner and during the investigation of the case, no material has been collected by the I.O. to show the complicity of the petitioner in this case and charge sheet has not yet been submitted. It is further submitted that there is no material in the record to suggest that the offence punishable under Section 354 of the Indian Penal Code is made out against the petitioner. It is next submitted that there is no allegation of any weapon being used in the alleged occurrence. It is next submitted that unless the entire criminal proceeding arising out of Katras P.S. Case No.32 of 2021 dated 04.02.2021 registered for the offences punishable under Section 323, 341, 307, 354, 448, 504, 506 & 34 of the Indian Penal Code is quashed and set aside, the petitioner will be highly prejudiced.

4. The learned Spl. P.P. submits that in view of the compromise between the parties, the entire criminal proceeding arising out of Katras P.S. Case No.32 of 2021 dated 04.02.2021 registered for the offences punishable under Section 323, 341, 307, 354, 448, 504, 506 & 34 of the Indian Penal Code be quashed and set aside.

5. Having heard the rival submissions made at the Bar and after going through the materials in the record, it is crystal clear that the case is at the nascent stage of investigation only and charge sheet has not yet been submitted. It is a settled principle of law as has been held by the Hon’ble Supreme Court of India in the case of Narinder Singh and Others vs. State of Punjab & Another reported in (2014) 6 SCC 466 paragraphs-29 of which read as under:-

“29. In view of the aforesaid discussion, we sum up and lay down the following principles by which the High Court would be guided in giving adequate treatment to the settlement between the parties and exercising its power under Section 482 of the Code while accepting the settlement and quashing the proceedings or refusing to accept the settlement with direction to continue with the criminal proceedings:

29.1. Power conferred under Section 482 of the Code is to be distinguished from the power which lies in the Court to compound the offences under Section 320 of the Code. No doubt, under Section 482 of the Code, the High Court has inherent power to quash the criminal proceedings even in those cases which are not compoundable, where the parties have settled the matter between themselve