The court may exercise inherent powers to quash criminal proceedings, including those involving serious offenses, when the dispute is private, a voluntary settlement has been reached, the likelihood of conviction is remote, and continuing the litigation would result in an abuse of the judicial process.

JUDGMENT :

ANIL KUMAR CHOUDHARY, J.

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 Bharatiya Nagarik Suraksha Sanhita, 2023 with the prayer to quash the entire criminal proceeding including the order taking cognizance dated 13.08.2021 passed by the learned Chief Judicial Magistrate, Deoghar in connection with Deoghar Town P.S. Case no. 283 of 2017 corresponding to G.R. Case No. 737 of 2017 of the court of the learned Chief Judicial Magistrate, Deoghar.

3. Learned counsel for the petitioner submits that the case is next fixed for appearance of the accused persons on 25.08.2026 and charge has not yet been framed in this case.

4. Learned counsel for the petitioner and the learned counsel for the opposite party No.2- informant jointly draw the attention of this Court towards Interlocutory Application No.2885 of 2026 which is supported by the separate affidavits of the petitioner as well as the opposite party No.2- informant and submit that therein, it has categorically been mentioned that with the intervention of the well-wishers and common friends, both the parties have settled their dispute outside the court. It is next submitted that due to confusion regarding identity of the petitioner, the present case has been lodged against the petitioner. In view of the compromise between the parties, the opposite party No.2- informant does not want to proceed against the petitioner, hence, otherwise also the offence punishable under Section 307 of the Indian Penal Code is not made out against the petitioner. Learned counsel for the petitioner and the learned counsel for the opposite party No.2- informant further jointly submit that the dispute between the parties is a private dispute and no public policy is involved in this case. It is further submitted 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 proceeding including the order taking cognizance dated 13.08.2021 passed by the learned Chief Judicial Magistrate, Deoghar in connection with Deoghar Town P.S. Case no. 283 of 2017 corresponding to G.R. Case No. 737 of 2017, 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 the entire criminal proceeding including the order taking cognizance dated 13.08.2021 passed by the learned Chief Judicial Magistrate, Deoghar in connection with Deoghar Town P.S. Case no. 283 of 2017 corresponding to G.R. Case No. 737 of 2017.

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 o