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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Anil Kumar Choudhary, J.
Sumant Prasad Gupta and ors. - Petitioners
Versus
The State of Jharkhand and ors. - Opposite Parties
Cr.M.P. No.2063 of 2019
Decided On : 24-07-2023
Section 482 - Quashing of Criminal Proceedings - Indian Penal Code, Sections 323, 341, 120B, 143, 147, 148, 504, 506, 307, 386 - The court referred to the principles laid down by the Hon’ble Supreme Court of India in Narinder Singh and Others vs. State of Punjab & Another (2014) 6 SCC 466, emphasizing the need to secure ends of justice and prevent abuse of the court's process when considering settlement between parties and quashing criminal proceedings. The court held that in the absence of major injuries and with the victim's unwillingness to pursue the case due to a compromise, the continuation of the criminal proceeding would amount to an abuse of the court's process, leading to the quashing of the F.I.R. and entire criminal proceedings.
Fact of the Case:
The petitioners sought to quash the F.I.R. and criminal proceedings against them, citing a compromise between the parties and the absence of major injuries sustained by the victim.
Finding of the Court:
The court found that the victim's unwillingness to pursue the case due to a compromise, coupled with the absence of major injuries, indicated that the case would likely end in acquittal, leading to the quashing of the criminal proceedings.
Issues: The issues revolved around the consideration of a compromise between the parties, the absence of major injuries, and the potential abuse of the court's process in continuing the criminal proceedings.
Ratio Decidendi: The court's decision was based on the principles laid down by the Hon’ble Supreme Court of India in Narinder Singh and Others vs. State of Punjab & Another (2014) 6 SCC 466, emphasizing the need to secure ends of justice and prevent abuse of the court's process when considering settlement between parties and quashing criminal proceedings.
Final Decision: The F.I.R. and entire criminal proceedings pending against the petitioners were quashed and set aside.
JUDGMENT :
Heard the parties.
2. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure with a prayer to quash the F.I.R. and the entire criminal proceedings pending against the petitioners in connection with Dhanwar P.S. Case No.120 of 2019 registered for the offences punishable under Sections 323, 341, 120B, 143, 147, 148, 504, 506, 307, 386 of the Indian Penal Code which is pending in the court of learned J.M. 1st Class, Giridih.
3. Learned counsel for the petitioners and learned counsel for the opposite party No.2 jointly draw the attention of this Court towards the Interlocutory Application No.7165 of 2019 which is supported by the separate affidavits of the Pairvikar of the petitioners and the opposite party No.2 and submit that therein it has been mentioned that the informant/opposite party No.2/victim has compromised the case outside the court with consultation and advice of their well-wishers and common friends and now cordial relationship has been restored and good sense has prevailed between the parties. Learned counsel for the petitioners and learned counsel for the opposite party No.2 jointly submit that the dispute between the parties is a private dispute and no public policy is involved in the case and the entire incident took place at the heat of the moment generated consequent upon an accident by a vehicle in which a young boy died. It is next submitted that no injury was caused to the victim but the offence punishable under Section 307 of the Indian Penal Code has been incorporated to make the case grave but in view of the settlement, the informant/opposite party No.2/victim does not want to proceed with the case. Learned counsel for the petitioners next submits that in view of the compromise between the parties, the continuation of this criminal proceeding will amount to abuse of process of court as in view of the compromise, the chances of conviction of the petitioners is remote and bleak. Hence, it is submitted that the F.I.R. and the entire criminal proceedings pending against the petitioners in connection with Dhanwar P.S. Case No.120 of 2019 which is pending in the court of learned J.M. 1st Class, Giridih, be quashed and set aside.
4. Learned Spl.P.P. appearing for the State submits that in view of the compromise between the parties, the State has no serious objection for quashing the F.I.R. and the entire criminal proceedings pending against the petitioners in connection with Dhanwar P.S. Case No.120 of 2019 which is pending in the court of learned J.M. 1st Class, Giridih.
5. Having heard the rival submissions made at the Bar and after carefully going through the materials available in the record, it is pertinent to mention here that 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 has summed up and laid down the principles by which High Court will be guided in giving adequate treatment to the settlement between the parties and exercising its power under Section 482 of the Code of Criminal Procedure while accepting the settlement and quashing the proceedings or refusing to accept the settlement with direction to continue with the criminal proceedings paragraph-29 of which read as under:-
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 t
The court emphasized the need to secure ends of justice and prevent abuse of the court's process when considering settlement between parties and quashing criminal proceedings.
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, possibili....
High Court quashed proceedings under inherent powers for non-heinous private land dispute offences including attempt to murder, post-compromise at investigation stage, as injuries simple, conviction ....
The court quashed the FIR based on a compromise between parties, emphasizing that continuation of proceedings would cause injustice and that the possibility of conviction was remote.
The main legal point established in the judgment is that the High Court has the inherent power to quash criminal proceedings under Section 482 of the Code, especially when the parties have settled th....
Criminal Law – Offence of Attempt to Murder – Sought for quash of FIR – Amicable Settlement between parties - Criminal proceedings for offence under Section 307 IPC and/or the Arms Act, etc. which ha....
The court can quash criminal proceedings when a private dispute is resolved through compromise, indicating a remote chance of conviction and preventing abuse of the legal process.
Criminal Law – Quash of Criminal proceedings - 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 o....
The main legal point established is that the nature of offences and the settlement between the parties are crucial factors in determining the quashing of FIRs based on compromise.
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