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2026 Supreme(Online)(Jhk) 1563

IN THE HIGH COURT OF JHARKHAND AT RANCHI


(2026:JHHC:10534)


Cr. M. P. No. 911 of 2026



1. Mojibur Rahman @ Mojibur Shekh, aged about 34 years, son of Manjur Alam @ Manjur Shekh;


2. Abdul Raf @ Bablu, aged about 43 years, son of Muslim Shekh. (Both residents of Kaswa Sirasin, Ganeshpur, PO & PS – Barharwa, District – Sahibganj. … … …Petitioners Versus


1. The State of Jharkhand.


2. Smt. Kalpana Paharini, wife of Chhota Bisu Pahariya, resident of Kaswa Sirasin, PO & PS – Barharwa, District- Sahibganj. … … …Opp. Parties



For the Petitioners : Mrs. Jasvindar Mazumdar, Advocate


For the State : Mr. Vishwanath Roy, Spl. P.P.


: Mr. Naresh Pd. Thakur, Advocate


PRESENT 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 Bharatiya Nagarik Suraksha Sanhita, 2023 with the prayer to quash the entire criminal proceeding including the F.I.R. in connection with Barharwa P.S. Case No. 79 of 2025 registered for the offences punishable under Sections 190, 191(2), 191(3), 126(2), 115(2), 118(1), 352, 351(2), 109(2) of Bharatiya Nyaya Sanhita, 2023 and Section 3(1) (r) (s) (x) (y) (za) (zc) 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 Special Judge, SC/ST Act, Sahibganj.

3. Learned counsel for the petitioners submits that the investigation of the case is still going on but charge-sheet has not yet been submitted in this case.

4. Learned counsel for the petitioners and learned counsel for the opposite party No. 2 jointly draw the attention of this Court towards Interlocutory Application No. 4379 of 2026 which is supported by the separate affidavits of the petitioners as well as the informant/victim /opposite party No.2 of the case and submit that therein it has been mentioned that petitioners and opposite party No.2 have entered into a compromise, upon the intervention of well-wishers and close friends and in view of the compromise between the parties, the informant/opposite party No.2 does not want to proceed with the case against the petitioners. Learned counsel for the petitioners submits that the dispute between the parties is having civil flavour and some exaggerations were made to make the case a serious one. Learned counsel for the petitioners 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 petitioners is remote and bleak. Hence, it is submitted that the prayer as made in this criminal miscellaneous petition be allowed.

5. Learned Spl P.P. appearing for the State submits that in view of the compromise between the parties, the State has no objection to the prayer made in this criminal miscellaneous petition.

6. 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 Others vs. State of Gujarat and 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 (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 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

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