IMPORTANT POINT
The High Court has the power to quash criminal proceedings based on compromise, especially in cases of private disputes where the possibility of conviction is remote and bleak.

JUDGMENT :

I.A. No.5656 of 2023

Heard the parties.

Learned counsel for the petitioner submits that this interlocutory application has been filed with a prayer to amend this Criminal Miscellaneous Petition by adding the prayer to quash the entire Criminal Miscellaneous Petition in connection with Borio P.S. Case No.22 of 2022 registered for the offence punishable under Sections 370/34 of the Indian Penal Code.

In this respect, learned counsel for the petitioners draws the attention of this Court towards page-13 of the instant interlocutory application which is the certified copy of the compromise petition filed on behalf of the informant and victim as well as the petitioner. Hence, it is submitted that the petitioners be permitted to incorporate the additional prayer as mentioned in the instant interlocutory application.

Considering the aforesaid facts, prayer is allowed.

Registry is directed to incorporate the additional prayer in the prayer portion of the instant Cr.M.P. with red ink.

Accordingly, this interlocutory application stands allowed.

Cr. M.P. No.135 of 2023

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 entire criminal proceeding in connection with Borio P.S. Case No.22 of 2022 registered for the offence punishable under Sections 370/34 of the Indian Penal Code which is pending in the court of Judicial Magistrate, Sahibganj including the order dated 13.09.2022 whereby and where under the learned Judicial Magistrate-1st Class, Sahibganj has issued process under Section 82 of the Cr.P.C. against the petitioners in connection with Borio P.S. Case No.22 of 2022.

2. Learned counsel for the petitioners and learned counsel for the informant jointly draw the attention of this Court towards the Interlocutory Application No.5656 of 2023 and submit that with the intervention of well-wishers entire matter has been settled between the parties outside the court and good relationship has been restored between the parties and the informant and her daughter have no claim or grievance against the petitioners. Learned counsel for the petitioners submits that the dispute between the parties is a private dispute and no public policy is involved. Learned counsel for the petitioners next submits that in view of the compromise, the continuation of this criminal proceeding will amount to abuse of process of law as in view of the compromise, the chances of conviction of the petitioners is remote and bleak. Hence, it is submitted that the entire criminal proceeding in connection with Borio P.S. Case No.22 of 2022 which is pending in the court of Judicial Magistrate, Sahibganj including the order dated 13.09.2022 whereby and where under the learned Judicial Magistrate-1st Class, Sahibganj has issued process under Section 82 of the Cr.P.C. against the petitioners in connection with Borio P.S. Case No.22 of 2022, be quashed and set aside.

3. Learned P.P. appearing for the State submits that in view of the compromise between the parties, the State has no objection for quashing the entire criminal proceeding in connection with Borio P.S. Case No.22 of 2022 which is pending in the court of Judicial Magistrate, Sahibganj including the order dated 13.09.2022 whereby and where under the learned Judicial Magistrate-1st Class, Sahibganj has issued process under Section 82 of the Cr.P.C. against the petitioners in connection with Borio P.S. Case No.22 of 2022.

4. 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 Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur & Others vs. State of Gujarat & Another reported in (2017) 9 SCC 641, had the occasion to consider the jurisdiction of the High Court under Section 482 of Code of Criminal Procedure inter alia on the basis of compromise between t