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.

JUDGMENT :

By the Court:- 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 including the First Information Report in connection with Bishunpur P.S. Case No.10 of 2013 corresponding to G.R. Case No.216 of 2013 which upon being committed to Court of Sessions, has been registered as S.T. Case No.313 of 2017.

3. Learned counsel for the petitioner submits that in S.T. Case No.313 of 2017 trial is yet to begin.

4. 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.8561 of 2024 which is supported by the separate affidavits of the opposite party No.2 who is the alleged victim and the petitioner and jointly submit that therein, it has been mentioned that the petitioner and the opposite party no.2 are in fact husband and wife and they have been blessed with a daughter and the petitioner and opposite party no.2 are leading a happy married life. It is next submitted that on the date of alleged occurrence admittedly the opposite party no.2/victim was a major lady of 22 years of age and she has, out of her own volition solemnized marriage with the petitioner, but the informant who is since deceased, being the brother of the alleged victim, being unhappy with the decision of the opposite party no.2 to solemnize marriage with the petitioner, has instituted this case. Learned Counsel for the petitioner submits that the dispute between the parties is a private dispute and no public policy is involved in this case and the compromise is not opposed to the public policy. Learned counsel for the petitioner next submits that in view of the settlement between the parties, the victim has no grievance against the petitioner, hence, 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 proceeding including the First Information Report in connection with Bishunpur P.S. Case No.10 of 2013 corresponding to G.R. Case No.216 of 2013 which upon being committed to Court of Sessions and has been registered as S.T. Case No.313 of 2017, be quashed and set aside.

5. Learned AAG-III appearing for the State submits that in view of the compromise between the parties, the State has no objection for quashing the entire criminal proceeding including the First Information Report in connection with Bishunpur P.S. Case No.10 of 2013 corresponding to G.R. Case No.216 of 2013 which upon being committed to Court of Sessions and has been registered as S.T. Case No.313 of 2017.

6. 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:-

l“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 complai