IMPORTANT POINT
The main legal point established in the judgment is the careful consideration of factors such as the nature of the offence, the timing of settlement, and the possibility of conviction when exercising the power under Section 482 of the Code of Criminal Procedure for quashing criminal proceedings.

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 Bank More (Bhuli O.P.) Case No.116 of 2023 registered for the offence punishable under Sections 307, 120 B and 34 of the Indian Penal Code and Section 27 of the Arms Act which is now pending in the court of learned Chief Judicial Magistrate, Dhanbad.

3. Learned counsel for the petitioners and learned counsel for the opposite party No.2 jointly drawing the attention of this Court towards Annexure-2 which is the copy of the certified copy of the joint compromise petition filed by the parties in the court of Chief Judicial Magistrate, Dhanbad submit that therein it has been categorically mentioned that the parties have compromised the case and settled all their disputes with the intervention of friends and well-wishers and due to misunderstanding, this case was lodged against the petitioners and the petitioners have no involvement in this case. Learned counsel for the petitioners and learned counsel for the opposite party No.2 further jointly submit that good and cordial relationship has been restored between both the parties. Learned counsel for the petitioners submits that the allegation against the petitioners is that the petitioners in criminal conspiracy with the co-accused persons, attempted to commit murder of the informant. Learned counsel for the petitioners and learned counsel for the opposite party No.2 next jointly submit that except suspicion, there is no other imputation against the petitioners but later when the informant came to know that the petitioners are innocent and have not committed any offence as alleged in the First Information Report and without verification their names has been mentioned in the F.I.R and after coming to know all these facts, the informant filed the joint compromise petition. Learned counsel for the petitioners and learned counsel for the opposite party No.2 jointly submit that the case is at the nascent stage of investigation only and the petitioners have been implicated in this case without due verification about the allegation against them and since a compromise has been effected to between the parties, hence, the chances of the conviction of the petitioners is remote and bleak. Hence, learned counsel for the petitioners submits that the entire criminal proceeding arising out of Bank More (Bhuli O.P.) Case No.116 of 2023 which is now pending in the court of learned Chief Judicial Magistrate, Dhanbad, be quashed and set aside qua the petitioners only.

4. Learned Special P.P. appearing for the State submits that State has no serious objection for quashing the entire criminal proceeding arising out of Bank More (Bhuli O.P.) Case No.116 of 2023 which is now pending in the court of learned Chief Judicial Magistrate, Dhanbad qua the petitioners only in view of the compromise entered into between the parties.

5. Having heard the 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. 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 settl