The court affirmed the inherent power to quash criminal proceedings based on compromise, emphasizing its application in cases predominantly of civil 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 Bharatiya Nagarik Suraksha Sanhita, 2023 with the prayer to quash the order taking cognizance dated 10.02.2023 passed by the learned Judicial Magistrate- 1st Class, Giridih in connection with Complaint Case No.841 of 2022 corresponding to T.R. No.1100 of 2022 whereby and whereunder the learned Magistrate has found prima facie case for the offences punishable under Sections 406, 420, 120B of the Indian Penal Code having been committed by the the petitioners and the said case is now pending in the court of learned Judicial Magistrate-1st Class, Giridih.

3. Learned counsel for the petitioners and learned counsel for the complainant/opposite party No.2 jointly draw the attention of this Court towards Interlocutory Application No.3760 of 2026 which is supported by the separate affidavits of petitioner Nos.1, 2, 4 and 5 as well as the complainant/opposite party No.2 of this case and submit that therein it has categorically been mentioned that with the intervention of well-wishers and friends, they have decided to resolve their dispute on certain terms and conditions and a memorandum of understanding has been prepared which has been annexed with the instant Interlocutory Application. It is next jointly submitted that in view of the compromise between the parties, complainant/opposite party No.2 of this case does not want to proceed with the case. 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 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 order taking cognizance dated 10.02.2023 passed by the learned Judicial Magistrate- 1st Class, Giridih in connection with Complaint Case No.841 of 2022 corresponding to T.R. No.1100 of 2022 which is now pending in 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 and setting aside the order taking cognizance dated 10.02.2023 passed by the learned Judicial Magistrate-1st Class, Giridih in connection with Complaint Case No.841 of 2022 corresponding to T.R. No.1100 of 2022 which is now pending in the court of learned Judicial Magistrate-1st Class, Giridih.

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 ofParbatbhai 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