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( 2025:JHHC:38707 )

IN THE HIGH COURT OF JHARKHAND AT RANCHI

Cr.M.P. No. 3691 of 2025

Md. Izhar Alam, Aged about 50 years, S/o Makbul Ahmad, R/o

Village –Tetariya, Salaidih, P.O. –Gando, P.S. –Birni, District –

Giridih, Jharkhand. .... Petitioner

Versus

1. The State of Jharkhand

2. XX …. Opp. Parties

P R E S E N T

HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

…..

For the Petitioner : Mr. Arwind Kumar, Advocate

For the State : Mr. P.D. Agrawal, Spl. P.P.

For O.P. No.2 : Mr. Shree Nivas Roy, Advocate

…..

By the Court:-

1. 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 proceeding as well as the First Information

Report in connection with Birni P.S. Case No. 279 of 2025

registered for the offences punishable under Section 126(2), 74

and 75 of the B.N.S., 2023, under Section 8 and 12 of POCSO Act

& 3 (1) (r) (s) of the Scheduled Castes and Scheduled Tribes

Prevention of Atrocities Act,1989.

3. The learned counsel for the petitioner submits that

investigation of the case is still going on and charge sheet has

not yet been submitted. Further, the learned counsel for the

Cr.M.P. No.3691 of 2025

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petitioner and the learned counsel for the opposite party no.2,

jointly drawing attention of this Court to the Interlocutory

Application No.17027 of 2025, which is supported by the

separate affidavits of the informant-opposite party no.2 and the

Pairvikar of the petitioner, submits that therein it has

categorically been mentioned that the opposite party no.2-

informant is the father and natural guardian of the victim girl

and a compromise has been effected to between the parties after

the informant came to know that the petitioner is innocent and

has been implicated in this case under some wrong impression

and misconception. The learned counsel for the petitioner

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 prayer as prayed for by the petitioner in this

criminal miscellaneous petition be allowed.

4. Learned Spl. P.P. submits that in view of the compromise

between the parties, the State has no objection to the prayer as

prayed for by the petitioner in this criminal miscellaneous

petition.

5. Having heard the submissions made at the Bar and after going

through the materials 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 and

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Others vs. State of Gujarat and Another reported in (2017) 9

SCC 641 has 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

(Cri) 160 : (2012) 2 SCC (L&S) 988] a Bench of three

learned Judges of this Court adverted to the body of

precedent on the subject and laid down guiding

principles which the High Court should consider in

determining as to whether to quash an FIR or complaint

in the exercise of the inherent jurisdiction. The

considerations which must weigh with the High Court

are : (SCC pp. 342-43, para 61)

“61. … 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