The High Court can quash criminal proceedings based on settlement between parties if continuation poses an injustice, especially in non-heinous, private disputes.

JUDGMENT :

Anil Kumar Choudhary, J.

I.A. No.17424 of 2025

1. Heard the parties.

2. Learned counsel for the petitioners submits that this interlocutory application has been filed with the prayer to amend the instant Criminal Miscellaneous Petition by incorporating the word ‘quash’ between the words ‘please to’ and ‘entire criminal proceeding’ in the prayer portion of the instant Criminal Miscellaneous Petition. It is then submitted that the proposed amendment is formal in nature which has been made to cure the inadvertent mistakes in the criminal miscellaneous petition. It is next submitted that unless the said prayer is allowed, the petitioners will be highly prejudiced. Hence, it is submitted that the prayer as prayed for in this interlocutory application be allowed.

3. Considering the aforesaid facts, the prayer to carry out the amendment as prayed for in this interlocutory application is allowed.

4. The petitioners are directed to file consolidated Criminal Miscellaneous Petition by incorporating the word ‘quash’ between the words ‘please to’ and ‘entire criminal proceeding’ in the prayer portion of the instant Criminal Miscellaneous Petition.

5. Learned counsel for the petitioners files the consolidated Criminal Miscellaneous Petition today itself in the court.

6. Keep the same in the record.

7. This interlocutory application is disposed of accordingly.

Cr.M.P. No.3720 of 2025

1. Heard the parties.

2. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 with the prayer to quash the entire criminal proceeding arising out of Dhansar P.S. Case No. 186 of 2025 registered for the offences punishable under Sections 190, 191(2), 191(3), 115(2), 118(2), 109(1), 308(3), 351(2), 352 of the B.N.S., 2023 and Section 27 of the Arms Act and the said case is now pending in the court of the learned Judicial Magistrate-1st Class, Dhanbad.

3. Learned counsel for the petitioners submits that investigation of the case is still going on and charge sheet is yet to be submitted in this case.

4. Learned counsel for the petitioners and the learned counsel for the opposite party No.2- informant jointly draw the attention of this Court towards Interlocutory Application No.17425 of 2025 which is supported by the separate affidavits of the pairvikar of the petitioners as well as the opposite party No.2- informant and submit that therein it has categorically been mentioned that the parties have entered into a compromise in respect of the dispute between them and they have settled their dispute outside the court due to intervention of the well-wishers of the parties. It is next submitted that there is no allegation of firing against the petitioners and no firing was done by the petitioners. It is then submitted that since good relation has been restored between the parties, the informant- opposite party No.2 does not want to proceed with the case against the petitioners. Learned counsel for the petitioners and the learned counsel for the opposite party No.2- informant further jointly submit that the dispute between the parties is a private dispute and no public policy is involved in this case. It is next submitted that in view of the settlement between the parties, the opposite party No.2- informant does not want to proceed with the case against the petitioners. It is further submitted 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 is remote and bleak. Hence, it is submitted that the entire criminal proc