High Court quashed proceedings under inherent powers for non-heinous private land dispute offences including attempt to murder, post-compromise at investigation stage, as injuries simple, conviction remote, preventing abuse of process.

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 Hirodih P.S. Case No.55 of 2016 registered for the offences punishable under Sections 341, 323, 324, 307, 379, 504, 506 and 34 of the Indian Penal Code and the said case is now pending in the court of learned J.M-1st Class, Giridih.

3. Learned counsel for the petitioner 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 petitioner and learned counsel for the informant/opposite party No.2 jointly draw the attention of this Court towards Interlocutory Application No.2622 of 2026 which is supported by the separate affidavits of Pairvikar of the petitioner as well as the informant/opposite party No.2 of this case and submit that therein it has categorically been mentioned that with the intervention of well- wishers of both sides, the parties have settled their dispute including the core dispute related with land and in view of the compromise, the informant does not want to proceed with the case. Learned counsel for the petitioner submits that the alleged injuries sustained by the victim are simple in nature and not on the vital parts of the body and otherwise also, the offence punishable under Section 307 of the Indian Penal Code is not made out against the petitioner. It is next submitted that 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 petitioner 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 petitioner is remote and bleak. Hence, it is submitted that the entire criminal proceedings of Hirodih P.S. Case No.55 of 2016 which is now pending in the court of learned J.M-1st Class, Giridih, 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 Hirodih P.S. Case No.55 of 2016 which is now pending in the court of learned J.M-1st Class, Giridih.

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 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. Howev