09.01.2025

Serial no. 3

Ct. No. 30

Piya

CRR 3258 of 2024

+

IA No.: CRAN 3 of 2025 Prithish Dhara & Anr.

vs

The State of West Bengal & Anr. Mr. Soumya Basu Roy Chowdhuri

Mr. Alo Ghosh

……… for the Petitioner

Mr. Debasish Roy, Ld. P.P.

Mr. Anand Keshri Mrs. Nahid Ahmid

…………. for the State

Mr. Pritam Roy

Mr. Triparna Roy

…… for the Opposite Party No. 2

1. The present revision has been preferred praying for

quashing of the proceeding being GR 2338/2024 arising out of Diamond Harbour Police Station Case No. 307/2024 dated 12.07.2024 under Sections 498A/323/307/406/506/34 of the Indian Penal Code & 3/4 of the Dowry Prohibition Act pending before the Learned Additional Chief Judicial Magistrate, Diamond

Harbour, South 24 Parganas.

2. CRAN 3 of 2025 filed, is a joint application on affidavit

stating that the parties have arrived at an amicable settlement in the present case and the complainant/opposite party does not have any grievance if the proceedings in the present case is quashed in

respect of the petitioners.

3. A Three Judge Bench of the Court in (2012) 10 Supreme Court Cases, 303, Gian Singh vs State of Punjab and another has cleared the position in respect of the power of the High Court in quashing a criminal proceedings in exercise of its inherent jurisdiction in para 61 of the judgment, which is reproduced here in:-

“The position that emerges from the above discussion can be summarised thus : the power of the High Court in quashing a criminal proceeding or FIR or complaint in exercise of its inherent jurisdiction is distinct and different from the power given to a criminal court for compounding the offences under Section 320 of the Code. Inherent power is of wide plenitude with no statutory limitation but it has to be exercised in accord with the guideline engrafted in such power viz. : (i) to secure the ends of justice, or (ii) to prevent abuse of the process of any court. In what cases power to quash the criminal proceeding or complaint or FIR may be exercised where the offender and the victim have settled their dispute would depend on the facts and circumstances of each case and no category can be prescribed. However, before exercise of such power, the High Court must have due regard to the nature and gravity of the crime. Heinous and serious offences of mental depravity or offences like murder, rape, dacoity, etc. cannot be fittingly quashed even though the victim or victim's family and the offender have settled the dispute. Such offences are not private in nature and have a serious impact on society. Similarly, any compromise between the victim and the offender in relation to the offences under special statutes like the Prevention of Corruption Act or the offences committed by public servants while working in that capacity, etc.; cannot provide for any basis for quashing criminal proceedings involving such offences. But the criminal cases having overwhelmingly and predominatingly civil flavour stand on a different footing for the purposes of quashing, particularly the offences arising from commercial, financial, mercantile, civil, partnership or such like transactions or the offences arising out of matrimony relating to dowry, etc. or the family disputes where the wrong is basically private or personal in nature and the parties have resolved their entire dispute. In this category of cases, the High Court may quash the criminal proceedings if in its view, because of the compromise between the offender and the victim, the possibility of conviction is remote and bleak and continuation of the criminal case would put the accused to great oppression and prejudice and extreme injustice would be caused to him by not quashing the criminal case despite full and complete settlement and compromise with the victim. In other words, the High Court must consider whether it would be unfair or contrary to the interest of justice to continue with the criminal proceeding or continuation of the criminal proceeding would tantamount to abuse of process of law despi