IMPORTANT POINT
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 their dispute, and the possibility of conviction is remote and bleak, leading to oppression and prejudice if the case continues.

JUDGMENT :

By the Court:- Heard the parties.

2. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 482 Cr.P.C. with a prayer for quashing the order dated 02.05.2022 by which cognizance has been taken for the offence punishable under Sections 341, 323, 307, 504 and 34 of Indian Penal Code and the entire criminal proceeding in connection with the Barkagaon (Dari O.P.) P.S. case no. 237 of 2020, corresponding to G.R. No. 859 of 2022, now pending in the court of Judicial Magistrate 1st Class, Hazaribag.

3. It is jointly submitted by the learned counsel for the petitioners and the learned counsel for the opposite party no.2 by drawing attention of the court to the Annexure 5 at page 41-47 of the brief, which is the copy of the certified copy of the joint compromise petition filed by the parties in the court of Judicial Magistrate 1st Class, Hazaribagh that therein it has been mentioned that the petitioners and the opposite party no.2 are residents of the same village and are living as neighbours and due to some mistake, the case was instituted and after realizing the same, the parties have compromised the case. It is further submitted by the learned counsel for the petitioners that the allegations are general and omnibus in nature and the offence punishable under Section 307 of Indian Penal Code was not made out nor police submitted charge sheet for the offences punishable under Section 307 of Indian Penal Code but the learned Magistrate inadvertently, because of clerical error has mentioned the offence punishable under Section 307 of Indian Penal Code at the time of taking cognizance, by also mentioning that police submitted charge sheet against the petitioner inter alia for the offence punishable under section 307 of the Indian Penal Code but in fact, the charge sheet has been submitted for the offence punishable under Section 341, 323, 504 and 34 of Indian Penal Code only. It is further submitted that in view of the full and final settlement between the petitioners and the opposite party no.2, the opposite party no.2 is not desirous to proceed with the case; hence the chance of the conviction of the petitioners is remote and bleak. It is therefore submitted that continuation of the criminal proceeding will amount to abuse of the process of the law. It is lastly submitted that the said order dated 02.05.2022 and the entire criminal proceeding in connection with the Barkagaon (Dari O.P.) P.S. case no. 237 of 2020, corresponding to G.R. No. 859 of 2022, be quashed and set aside.

4. Having heard the submissions made at the Bar and after 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, in paragraph 29, has laid down the 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 Cr.P.C. while accepting the settlement and quashing the proceedings which, reads 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 themselves. However, this power is to be exercised sparingly and with cauti