The High Court can quash criminal proceedings based on amicable settlement between parties, especially when the offences are not heinous and continuation would cause hardship.

JUDGMENT :

ANIL KUMAR CHOUDHARY, J.

1. Heard the parties.

2. This criminal miscellaneous petition has been filed invoking the jurisdiction of this Court under Section 528 of B.N.S.S., 2023 with a prayer to quash the order dated 22.05.2023, passed in G.R. Case No. 298 of 2023(S) arising out of Bistupur P.S. Case No. 309 of 2022(S) of the court of learned Chief Judicial Magistrate, Jamshedpur, whereby and where under the learned Chief Judicial Magistrate has taken cognizance for the offences punishable under Section 406, 420, 467, 468, 471, 120B & 34 of the Indian Penal Code and issued summons against the petitioners. Prayer has also been made to quash the entire criminal proceeding arising out of Bistupur P.S. Case No. 309 of 2022(S), corresponding to G.R. Case No. 298 of 2023(S), pending in the Court of learned Chief Judicial Magistrate, Jamshedpur.

3. Learned counsel for the petitioners and the learned counsel for the opposite party no.2 jointly drawing attention of this Court to the Interlocutory Application No.4023 of 2025 which is supported by separate affidavits of the petitioner nos. 1 and 2 as well as of the informant-opposite party no.2 submits that therein it has been categorically mentioned that the parties have amicably settled the case outside the court with the intervention of well-wishers. It is next jointly submitted by the learned counsel for the petitioners and the learned counsel for the opposite party no.2 that the dispute between the parties is a private dispute and no public policy is involved in this case. It is next jointly submitted by the learned counsel for the petitioners and the learned counsel for the opposite party no.2 that in view of the compromise between the parties, the chances of conviction of the petitioners is remote and bleak, therefore, continuation of criminal proceeding would amount to abuse of process of law. Hence, it is submitted that the prayer to quash the order dated 22.05.2023, passed in G.R. Case No. 298 of 2023(S) arising out of Bistupur P.S. Case No. 309 of 2022(S) of the court of learned Chief Judicial Magistrate, Jamshedpur, whereby and where under the learned Chief Judicial Magistrate has taken cognizance for the offences punishable under Section 406, 420, 467, 468, 471, 120B & 34 of the Indian Penal Code and issued summons against the petitioners, as also the entire criminal proceeding arising out of Bistupur P.S. Case No. 309 of 2022(S), corresponding to G.R. Case No. 298 of 2023(S), pending in the Court of learned Chief Judicial Magistrate, Jamshedpur, be allowed.

4. Learned Addl. P.P. submits that the State has no objection to the prayer for as prayed for by the petitioners in this criminal miscellaneous petition, in view of the compromise between the parties.

5. Having heard the submissions made at the Bar and after going through the materials in the record, it is pertinent to mention here that the Hon’ble Supreme Court of India in the case of Parbatbhai Aahir v. State of Gujarat reported in (2017) 9 SCC 641 has 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)