The High Court can quash criminal proceedings under Section 482 of the Code of Criminal Procedure when a private dispute is settled, and the possibility of conviction is 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 proceedings including the order dated 07.08.2017 passed in Complaint Case No.2521 of 2017 whereby and where under the learned Judicial Magistrate-1st Class, Ranchi has found prima facie case for the offences punishable under Sections 420, 406, 499, 500, 504 and 506 of the Indian Penal Code which is now pending in the court of learned Judicial Magistrate-1st Class, Ranchi.

3. Learned senior counsel for the petitioner and learned counsel for the opposite party No.2 jointly draw the attention of this Court towards Interlocutory Application No.5572 of 2025 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 been stated that the petitioner and the opposite party No.2/complainant have entered into a compromise with the intervention of well-wishers and in view of the compromise between the parties, the opposite party No.2/complainant does not want to proceed with the case. Learned senior counsel for the petitioner submits that the dispute between the parties is a private dispute and no public policy is involved in this case. Learned senior 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 chance of conviction of the petitioner is remote and bleak. Hence, it is submitted that the entire criminal proceedings including the order dated 07.08.2017 passed in Complaint Case No.2521 of 2017 which is now pending in the court of learned Judicial Magistrate-1st Class, Ranchi, be quashed and set aside qua the petitioner.

4. Learned Addl.P.P. 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 proceedings including the order dated 07.08.2017 passed in Complaint Case No.2521 of 2017 which is now pending in the court of learned Judicial Magistrate-1st Class, 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 secu