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2023 Supreme(Jhk) 1441

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

Advocates Appeared:
For the Petitioners: Mr. Shekhar Prasad Sinha.
For the Opposite Parties : Ms. Vandana Singh, Sr. Standing Counsel-III, Ms. Rashmi Lal, AC to Sr. Standing Counsel-III, Mr. Manoj Kumar, Mr. Sunil Kr. Agrawal.

IMPORTANT POINT
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, especially in cases where the offence is primarily a personal dispute of civil nature and the parties have arrived at a compromise.

Headnote:

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:-

    “11. Section 482 is prefaced with an overriding provision. The statute saves the inherent power of the High Court, as a superior court, to make such orders as are necessary (i) to prevent an abuse of the process of any court; or (ii) otherwise to secure the ends of justice. In Gian Singh [Gian Singh v. State of Punjab, (2012) 10 SCC 303 : (2012) 4 SCC (Civ) 1188 : (2013) 1 SCC (Cri) 160 : (2012) 2 SCC (L&S) 988] a Bench of three learned Judges of this Court adverted to the body of precedent on the subject and laid down guiding principles which the High Court should consider in determining as to whether to quash an FIR or complaint in the exercise of the inherent jurisdiction. The considerations which must weigh with the High Court are : (SCC pp. 342-43, para 61)

“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

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