The High Court can quash criminal proceedings based on compromise in private disputes if it serves justice and prevents 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 order taking cognizance dated 04.05.2022 in Complaint Case No.17 of 2022 by which the learned Chief Judicial Magistrate, Lohardaga has found prima facie case for the offences punishable under Section 182, 211, 385, 506 and 120B 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.13566 of 2024 which is supported by the separate affidavits of the petitioner as well as the opposite party No.2/complainant and submit that therein it has categorically been mentioned that a compromise has been entered into between the petitioner and the opposite party No.2/complainant. It is next jointly submitted that good sense has prevailed between the parties after intervention of the friends as well as the well-wishers and the dispute between the parties has been settled. 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 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 proceeding including the order taking cognizance dated 04.05.2022 in Complaint Case No.17 of 2022 which is now pending before the learned Chief Judicial Magistrate, Lohardaga, 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 proceeding including the order taking cognizance dated 04.05.2022 in Complaint Case No.17 of 2022 which is now pending before the learned Chief Judicial Magistrate, Lohardaga.

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 (i