Compromise between parties in non-heinous criminal cases allows for quashing proceedings if continuation would cause oppression, outlining the scope of Section 482 of the Criminal Procedure Code.

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 Bharatiya Nagarik Suraksha Sanhita, 2023 with the prayer to quash the entire criminal proceedings of Tisra P.S. Case No.02 of 2023 registered for the offences punishable under Sections 147, 148, 149, 307, 427, 506 of the Indian Penal Code and Section 27 of the Arms Act and the said case is now pending in the court of learned J.M-1st Class, Dhanbad.

3. Learned counsel for the petitioners submits that the investigation of the case is still going on and charge-sheet has not yet been submitted in this case.

4. Learned counsel for the petitioners and learned counsel for the informant/opposite party No.2 and opposite party No.3 jointly draw the attention of this Court towards Interlocutory Application No.4521 of 2026 which is supported by the separate affidavits of all the three petitioners as well as the informant/opposite party No.2 and opposite party No.3/victim of this case and submit that therein it has categorically been mentioned that a compromise has been effected to between the parties and the case was instituted because of some misunderstanding and confusion and the F.I.R. was lodged without verifying the facts and even though the victim could not identify any of the persons firing upon him. Learned counsel for the petitioners submits that the dispute between the parties is basically a private dispute having a civil flavour and no public policy is involved in this case. Learned counsel for the petitioners next submits that in view of the compromise between the parties, the informant does not want to proceed with the case, hence, 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 petitioners is remote and bleak. Hence, it is submitted that the entire criminal proceedings of Tisra P.S. Case No.02 of 2023 which is now pending in the court of learned J.M-1st Class, Dhanbad, be quashed and set aside.

5. 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 and setting aside the entire criminal proceedings of Tisra P.S. Case No.02 of 2023 which is now pending in the court of learned J.M-1st Class, Dhanbad.

6. 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 Narinder Singh and Others vs. State of Punjab & Another reported in (2014) 6 SCC 466 paragraph-29 of 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 and with caution.

29.2. When the parties have reached the settlement and on that basis petition fo