The inherent power of the High Court can quash proceedings if a complete settlement exists between the parties, especially when the crimes are not of a heinous nature.

JUDGMENT :

Anil Kumar Choudhary, J.

Heard the parties.

2. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 528 of the B.N.S.S. , 2023 with the prayer to quash the First Information Report including all subsequent proceeding arising out of Dhanwar P.S. Case No.168/2023 registered for the offences punishable under Section 147, 148, 149, 341, 323, 324, 325, 307, 354, 385, 379, 448, 504, 506 of the Indian Penal Code and the said case is now pending before the Court of learned Judicial Magistrate-1st Class, Giridih.

3. Learned counsel for the petitioners and learned counsel for the opposite party No.2 jointly draw the attention of this Court towards Interlocutory Application No.9490 of 2025 which is supported by the separate affidavits of the opposite party No.2/informant and the petitioner no.1 & 2 and submits that therein it has categorically been mentioned that a compromise has been entered into between the petitioners and the opposite party No.2. 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 petitioners 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 petitioners 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 petitioners are remote and bleak. It is then jointly submitted that because of the acrimony between the parties at the relevant time some exaggeration has been made in the FIR to make the case a serious one. Hence, it is submitted that First Information Report including all subsequent proceeding arising out of Dhanwar P.S. Case No.168/2023 registered for the offences punishable under Section 147, 148, 149, 341, 323, 324, 325, 307, 354, 385, 379, 448, 504, 506 of the Indian Penal Code and the said case is now pending before the Court of learned Judicial Magistrate-1st Class, Giridih, 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 First Information Report including all subsequent proceeding arising out of Dhanwar P.S. Case No.168/2023.

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 it is pertinent to mention here that the Hon’ble Supreme court of India in the case of Narinder Singh and Others vs. State of Punjab & Another reported in (2014) 6 SCC 466, in paragraph 29, has laid down the principles by which, the High Court would be guided in giving adequate treatment to the settlement between the parties, and exercising its power under Section 482 Cr.P.C. while accepting the settlement and quashing the proceedings which, reads as under:

“29. In view of the aforesaid discussion, we sum up and lay down the following principles by which the High Court would be guided in giving adequate treatment to the settlement between the parties and exercising its power under Section 482 of the Code while accepting the settlement and quashing the proceedings or refusing to accept the settlement with direction to continue with the criminal proceedings:

29.1. Power conferred under Section 482 of the Code is to be distinguished from the power which lies in the Court to compound the offences under Section 320 of the Code. No doubt, under Section 482 of the Code, the High Court has inherent power to quash the criminal proceedings even in those cases which are not compoundable, where the parties have settled the matter between themselves. However, this power is to be exercised sparingly