The High Court may exercise its inherent power to quash criminal proceedings in cases of private disputes where a compromise has been reached and the offense is not heinous, as continuing such proceedings would be an abuse of the process of law.

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 B.N.S.S., 2023 with the prayer to quash the First Information Report and entire criminal proceedings instituted as Hiranpur, P.S. Case No. 23 of 2023 registered under Section 354(D) of the Indian Penal Code and Section 67A of the Information Technology Act, 2000 and the said case is now pending before the learned A.C.J.M., Pakur.

3. It is jointly submitted by the learned counsel for the petitioners and the learned counsel for the opposite party no.2 that the investigation of the case is still going on and charge-sheet has not yet been submitted.

4. Learned counsel for the petitioner and learned counsel for the opposite party No.2 jointly draw the attention of this Court towards Interlocutory Application No.5717 of 2026 which is supported by the separate affidavits of the parvikar-cum-mother of the petitioner and informant/opposite party nos.2 and 3, therein, it has categorically mentioned that the informant is the maternal uncle of the petitioner and victim is also cousin of the petitioner and therefore, they do not want to proceed with the case. It is next submitted that the petitioner, informant and the victim out of their sweet will with the intervention of their common well-wishers settled their dispute and differences outside the court. It is next submitted that victim is a married lady having a child. It is further submitted that in view of the compromise between the parties, the continuation of this criminal proceeding against the petitioners will amount to abuse of process of law as in view of the compromise, the chances of conviction of the petitioners are remote and bleak. Hence, it is submitted that First Information Report and entire criminal proceedings instituted as Hiranpur, P.S. Case No. 23 of 2023 registered under Sections 354(D) of the Indian Penal Code and Section 67A of the Information Technology Act, 2000 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 First Information Report and entire criminal proceedings instituted as Hiranpur, P.S. Case No. 23 of 2023 registered under Sections 354(D) of the Indian Penal Code and Section 67A of the Information Technology Act, 2000 which is now pending before the learned A.C.J.M., Pakur.

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 (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 wheth