##PAGE1##

(2025:JHHC:38474)

IN THE HIGH COURT OF JHARKHAND AT RANCHI

Cr.M.P. No.2769 of 2025

------

Sandeep Kumar @ Sandip Thakur, aged about 25 years, son of

Madho Sharma @ Madhow Thakur, resident of Barsot, P.O. & P.S.

Barhi, Dist. Hazaribagh …

Petitioner

Versus

1. The State of Jharkhand

2. Sarita Devi, w/o Late Rameshwar Karmali, r/o Village

Ranchichunwa, P.O. Padariya P.S. Barhi, Distl Hazaribagh

… Opposite Parties

------

For the Petitioner : Mr. Rajesh Kumar, Advocate

For the State : Mr. Rakesh Ranjan, Addl.P.P.

For the O.P. No.2 : Mr. Ramesh Kumar, Advocate

Ms. Neelam Kumari, Advocate

------

P R E S E N T

HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

By the Court:- Heard the parties.

2. This Criminal Miscellaneous Petition has been filed invoking the

jurisdiction of this Court under Section 528 of the Bhartiya Nagarik

Suraksha Sanhita, 2023 with the prayer to quash the First Information

Report of Barhi P.S. Case No.244 of 2022 registered for the offences

punishable under Sections 363, 366A, 504, 506 of the Indian Penal Code

and Section 3 (1) (s) of the Scheduled Castes and the Scheduled Tribes

(Prevention Of Atrocities) Act, 1989 and the said case is now pending in

the court of learned Additional Sessions Judge-VI-cum-Special Judge,

SC/ST Hazaribagh.

1

Cr. M.P. No.2769 of 2025

(2025:JHHC:38474)

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.12338 of 2025 which is supported

by the separate affidavits of the brother and 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 informant and the

alleged victim have compromised the matter and the alleged victim, out

of her own sweet will, left her house out of anger because of a quarrel

with her mother. It is next jointly submitted that the alleged victim has

solemnized marriage with the petitioner with the consent of her mother

and in view of the same, the informant does not want to prosecute the

petitioner. Learned counsel for the petitioner 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

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 First Information Report of Barhi P.S. Case No.244 of 2022

which is now pending in the court of learned Additional Sessions

Judge-VI-cum-Special Judge, SC/ST Hazaribagh, be quashed and set

aside.

2

Cr. M.P. No.2769 of 2025

(2025:JHHC:38474)

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 First Information Report of Barhi P.S.

Case No.244 of 2022 which is now pending in the court of learned

Additional Sessions Judge-VI-cum-Special Judge, SC/ST Hazaribagh.

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 Parbatbhai 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