IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANIL KUMAR CHOUDHARY, J.
Binay Kumar Sahu @ Vinay Kumar, S/o. Jageshwar Sahu & Ors. - Petitioners
Versus
The State of Jharkhand & Ors. - Opposite Parties
Cr. M.P. No. 618 of 2021
Decided On : 11-07-2023
Abuse of Process of Court - Quashing of Criminal Proceeding - Indian Penal Code, Section 506, 34; Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3 (1) (v), 3 (1) (s)
Fact of the Case:
The petitioners sought to quash the criminal proceeding involving offences under the Indian Penal Code and the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989, citing a compromise between the parties.
Finding of the Court:
The court found that the alleged offence was primarily a personal dispute of civil nature, not heinous or involving serious mental depravity. It concluded that the continuation of the criminal proceeding would amount to an abuse of the process of court, as the underlying objective of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 would not be contravened or diminished even if the crime in question goes unpunished.
Issues: The main issue was whether the criminal proceeding should be quashed in light of the compromise between the parties and the nature of the alleged offence.
Ratio Decidendi: The court relied on the principles established in the case of Parbatbhai Aahir v. State of Gujarat and the case of Ramawatar v. State of Madhya Pradesh to determine that the continuation of the criminal proceeding would amount to an abuse of process of court, considering the nature of the offence and the compromise between the parties.
Final Decision: The court quashed and set aside the entire criminal proceeding in connection with the case, allowing the Criminal Miscellaneous Petition.
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 entire criminal proceeding in connection with SC/ST Case No.03 of 2021 arising out of Ratu P.S. Case No.108 of 2020 pending in the court of learned Additional Judicial Commissioner-VII-cum-Special Judge, Ranchi involving the offences punishable under Section 506, 34 of the Indian Penal Code and Section 3 (1) (v) and 3 (1) (s) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
3. Learned counsel for the petitioners and learned counsel for the opposite party No.2 jointly draw the attention of this Court towards Interlocutory Application No.70 of 2022 which is supported by the affidavit separately sworn in by the three petitioners as well as the opposite party No.2 and submit that therein it has been mentioned that the both the parties have arrived at a compromise out of their free will and without any pressure from any side. Learned counsel for the petitioners next submits that the bone of contention between the parties was a piece of land and the informant/victim does not want to proceed with the case. It is further submitted that in view of the compromise, the continuation of the criminal proceeding would amount to abuse of process of court. Hence, it is submitted that entire criminal proceeding in connection with SC/ST Case No.03 of 2021 arising out of Ratu P.S. Case No.108 of 2020 pending in the court of learned Additional Judicial Commissioner-VII-cum-Special Judge, Ranchi be quashed and set aside.
4. Learned Senior Standing Counsel-III appearing for the State submits that in view of the compromise between the parties, the State has no serious objection for quashing the entire criminal proceeding in connection with SC/ST Case No.03 of 2021 arising out of Ratu P.S. Case No.108 of 2020 pending in the court of learned Additional Judicial Commissioner-VII-cum-Special Judge, Ranchi.
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 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 the parties and has held in paragraph No.11 as under:-
“61. … the power of the High Court in quashing a criminal proceeding or FIR or complaint in exercise of its inherent jurisdiction is distinct and different from the power given to a criminal court for compounding the offences under Section 320 of the Code. Inherent power is of wide plenitude with no statutory limitation but it has to be exercised in accord with the guideline engrafted in such power viz. : (i) to secure the ends of justice, or (ii) to prevent abuse of the process of any court. In what cases power to quash the criminal proceeding or complaint or FIR may be exercised where the offender and the victim have settled their
Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur & Others vs. State of Gujarat & Another
The main legal point established in the judgment is that the court has the inherent power to quash a criminal proceeding to prevent abuse of process of court and to secure the ends of justice, especi....
The High Court can quash criminal proceedings under Section 482 of the Code of Criminal Procedure if the parties have settled their disputes, provided the offences are not heinous and the continuatio....
High Court quashed non-heinous private dispute criminal proceedings upon voluntary compromise, as continuation would abuse process, render conviction remote, and cause prejudice, following guidelines....
The court can exercise its power under Section 482 Cr.P.C. to quash criminal proceedings where a compromise has been reached between the parties and there is no societal interest involved, considerin....
The court can exercise its power under Section 482 Cr.P.C. to quash criminal proceedings based on a compromise between the parties, even if the sections are not compoundable, as long as the societal ....
The High Court can quash criminal proceedings under Section 482 of the Code when a compromise between parties suggests that continuation would be unjust or oppressive, provided the offenses are not h....
The High Court can quash criminal proceedings under Section 482 of the Code of Criminal Procedure when a private dispute is settled, and continuation would be an abuse of process.
In matrimonial disputes with a civil flavor, the High Court may quash criminal proceedings if a full settlement exists, preventing abuse of process and securing the ends of justice.
The main legal point established is that the court can quash criminal proceedings on the basis of a genuine settlement between the parties, especially in cases where the offences are not of a serious....
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