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2023 DIGILAW 1353 (JHR)

Rabindra Nath Mandal v. State of Jharkhand

2023-11-21

ANIL KUMAR CHOUDHARY

body2023
JUDGMENT : By the Court:- Heard the parties. 2. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure with a prayer to quash the entire criminal proceeding in connection with P.C.R. Case No.718 of 2022 corresponding to Special POCSO Case No.20 of 2021 including the order dated 28.05.2022 passed by learned Special Judge, Jamtara whereby and where under the learned Special Judge, Jamtara found prima facie case against the petitioners and the co-accused persons for the offence punishable under Sections 323, 498-A & 34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act which is now pending in the court of learned Chief Judicial Magistrate, Jamtara. 3. 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.3025 of 2023 which is supported by the separate affidavits of the petitioners as well as the opposite party No.2 and submits that therein it has been mentioned that pursuant to the intervention of the common relatives and well-wishers of both the parties, the petitioners and opposite party No.2 have amicably settled their dispute and the opposite party No.2 has resumed her happy conjugal life with her husband namely Raju Mondal who is the son of both the petitioners. Learned counsel for the petitioners next submits that the petitioner No.1 is the father and petitioner No.2 is the mother of Raju Mondal. It is next submitted that inadvertently the age of petitioner No.1 namely Rabindra Nath Mandal has been mentioned as 36 years in the cause-title of the instant Cr.M.P. though his date of birth is 19.01.1971 as is evident from the copy of the Aadhar Card of the petitioner No.1 kept at page-10 of the instant interlocutory application and similarly the age of the petitioner No.2 namely Renuka Mandal has wrongly been mentioned as 34 years though her date of birth is 01.01.1978 as mentioned in the copy of her Aadhar Card kept at page-13 of the brief. Learned counsel for the petitioners next submits that the opposite party No.2 has resumed her conjugal life with her husband out of her free will, consequent upon a compromise and amicable settlement between them, hence, the continuation of this criminal proceeding will amount to abuse of process of law as in view of the compromise, the complainant is not desirous of continuing this criminal proceeding against the petitioner, the chances of conviction of the petitioner is remote and bleak. Learned counsel for the petitioners submits that the dispute between the parties is basically a matrimonial dispute and no public policy is involved and the case is predominantly of civil flavour. Learned counsel for the petitioners further submits that because of some misunderstanding and marital discord, this case was instituted against the petitioners. Hence, it is submitted that the entire criminal proceeding in connection with P.C.R. Case No.718 of 2022 corresponding to Special POCSO Case No.20 of 2021 including the order dated 28.05.2022 passed by learned Special Judge, Jamtara which is now pending in the court of learned Chief Judicial Magistrate, Jamtara, be quashed and set aside. 4. Learned Addl.P.P. appearing for the State submits that in view of the compromise between the parties, the State has no serious objection for quashing the entire criminal proceeding in connection with P.C.R. Case No.718 of 2022 corresponding to Special POCSO Case No.20 of 2021 including the order dated 28.05.2022 passed by learned Special Judge, Jamtara which is now pending in the court of learned Chief Judicial Magistrate, Jamtara. 5. 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. 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 of justice, or (ii) to prevent abuse of the process of any court. In what cases power to quash the criminal proceeding or complaint or FIR may be exercised where the offender and the victim have settled their dispute would depend on the facts and circumstances of each case and no category can be prescribed. However, before exercise of such power, the High Court must have due regard to the nature and gravity of the crime. Heinous and serious offences of mental depravity or offences like murder, rape, dacoity, etc. cannot be fittingly quashed even though the victim or victim's family and the offender have settled the dispute. Such offences are not private in nature and have a serious impact on society. Similarly, any compromise between the victim and the offender in relation to the offences under special statutes like the Prevention of Corruption Act or the offences committed by public servants while working in that capacity, etc.; cannot provide for any basis for quashing criminal proceedings involving such offences. Similarly, any compromise between the victim and the offender in relation to the offences under special statutes like the Prevention of Corruption Act or the offences committed by public servants while working in that capacity, etc.; cannot provide for any basis for quashing criminal proceedings involving such offences. But the criminal cases having overwhelmingly and predominatingly civil flavour stand on a different footing for the purposes of quashing, particularly the offences arising from commercial, financial, mercantile, civil, partnership or such like transactions or the offences arising out of matrimony relating to dowry, etc. or the family disputes where the wrong is basically private or personal in nature and the parties have resolved their entire dispute. In this category of cases, the High Court may quash the criminal proceedings if in its view, because of the compromise between the offender and the victim, the possibility of conviction is remote and bleak and continuation of the criminal case would put the accused to great oppression and prejudice and extreme injustice would be caused to him by not quashing the criminal case despite full and complete settlement and compromise with the victim. In other words, the High Court must consider whether it would be unfair or contrary to the interest of justice to continue with the criminal proceeding or continuation of the criminal proceeding would tantamount to abuse of process of law despite settlement and compromise between the victim and the wrongdoer and whether to secure the ends of justice, it is appropriate that the criminal case is put to an end and if the answer to the above question(s) is in the affirmative, the High Court shall be well within its jurisdiction to quash the criminal proceeding.” (Emphasis supplied)” 6. Perusal of the record reveals that the offences involved in this case are not heinous offences nor is there any serious offence of mental depravity is involved in this case; rather this relates to matrimonial dispute between the parties. 7. Because of the complete settlement between the offender and the victim, the possibility of conviction of the petitioners is remote and bleak and continuation of the criminal case would put the petitioners to great oppression and prejudice and extreme injustice would be caused to them by not quashing the criminal case despite full and complete settlement and compromise with the victim. 8. 8. Hence, this Court is of the considered view that this is a fit case where the entire criminal proceeding in connection with P.C.R. Case No.718 of 2022 corresponding to Special POCSO Case No.20 of 2021 including the order dated 28.05.2022 passed by learned Special Judge, Jamtara which is now pending in the court of learned Chief Judicial Magistrate, Jamtara, as prayed for by the petitioners, be quashed and set aside. 9. Accordingly, entire criminal proceeding in connection with P.C.R. Case No.718 of 2022 corresponding to Special POCSO Case No.20 of 2021 including the order dated 28.05.2022 passed by learned Special Judge, Jamtara which is now pending in the court of learned Chief Judicial Magistrate, Jamtara is quashed and set aside against the petitioners. 10. In the result, this Cr.M.P. stands allowed. 11. In view of disposal of the instant Cr.M.P., Interlocutory Application No.3025 of 2023 stands disposed of.