The High Court can quash criminal proceedings under Section 482 of the Code of Criminal Procedure if a complete settlement exists between parties and the possibility of conviction is deemed remote.

JUDGMENT :

(Anil Kumar Choudhary, J.) :

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 prosecution including the order dated 26.04.2023 passed by learned Judicial Magistrate-III, Ranchi in Complaint Case No.8716 of 2022 whereby and where under the learned Magistrate has taken cognizance of the offence punishable under Section 498-A of the Indian Penal Code.

3. Learned counsel for the petitioner and learned counsel for the opposite party No.2 jointly draw the attention of this Court towards Interlocutory Application No.10754 of 2023 which is supported by the separate affidavits of the petitioner and the opposite party No.2/complainant/informant wherein it has been mentioned that on 18.10.2023, the matter has amicably been settled between the parties and consequent upon the same, anticipatory bail has been granted to the petitioner. It is next jointly submitted that it has been agreed between the parties that they shall file a petition for dissolution of their marriage by way of mutual consent before the Family Court, Ranchi and though it has not been mentioned in the instant interlocutory application but it is jointly submitted by learned counsel for the petitioner and learned counsel for the opposite party No.2 that on 02.12.2023, the petition for dissolution of the marriage between the parties by way of mutual consent, has been filed. Learned counsel for the petitioner submits that the dispute between the parties is basically a private dispute and no public policy is involved. Learned counsel for the petitioner next submits that in view of the compromise between the parties, 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 petitioner is remote and bleak. Hence, it is submitted that the entire criminal prosecution including the order dated 26.04.2023 passed by learned Judicial Magistrate-III, Ranchi in Complaint Case No.8716 of 2022 which is now pending in the court of learned Judicial Magistrate-III, Ranchi, be quashed and set aside.

4. Learned Addl.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 prosecution including the order dated 26.04.2023 passed by learned Judicial Magistrate-III, Ranchi in Complaint Case No.8716 of 2022 which is now pending in the court of learned Judicial Magistrate-III, 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