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2025 DIGILAW 1439 (JHR)

Bharat Kamad @ Bharat Kumar Kamat S/o Upendra Kamat v. State of Jharkhand

2025-06-18

ANIL KUMAR CHOUDHARY

body2025
JUDGMENT : ANIL KUMAR CHOUDHARY, J. 1. Heard the parties. 2. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 528 of Bharatiya Nagrik Suraksha Sanhita, 2023 with a prayer for quashing the entire criminal proceeding including the order taking cognizance dated 13.01.2025 passed by learned C.J.M., Jamshedpur in connection with Parsudih P.S. Case No. 152 of 2024, corresponding to G.R. No. 88 of 2025 in S.T. Case No. 96 of 2025 involving the offences punishable under Sections 126(2), 118(2), 109(1), 331(6) and 3(5) of B.N.S., 2023 and under Section 27 of Arms Act. 3. It is jointly submitted by the learned counsel for the petitioner and the learned counsel for the informant-opposite party no.2 by drawing attention of this Court to I.A. No. 6623 of 2025 which is supported by separate affidavits of the petitioner and the informant-opposite party no. 2, that therein it has categorically been mentioned that the petitioner and the informant-opposite party no.2 have entered into a compromise and they have resolved their dispute among themselves and the informant does not want to proceed with the case. It is next jointly submitted by the learned counsel for the petitioner and the learned counsel for the informant-opposite party no.2 that the alleged injury sustained by the victim is not on the vital part of the body. It is further jointly submitted by the learned counsel for the petitioner and the learned counsel for the informant-opposite party no.2 that in view of the full and final settlement between the petitioner and the opposite party no.2, the chances of the conviction of the petitioner is remote and bleak therefore, continuation of the criminal proceeding will amount to abuse of the process of the law. Hence, it is submitted that entire criminal proceeding including the order taking cognizance dated 13.01.2025 passed by the learned C.J.M., Jamshedpur in connection with Parsudih P.S. Case No. 152 of 2024, corresponding to G.R. No. 88 of 2025 in S.T. Case No. 96 of 2025, be quashed and set aside. 4. Learned Spl. Hence, it is submitted that entire criminal proceeding including the order taking cognizance dated 13.01.2025 passed by the learned C.J.M., Jamshedpur in connection with Parsudih P.S. Case No. 152 of 2024, corresponding to G.R. No. 88 of 2025 in S.T. Case No. 96 of 2025, be quashed and set aside. 4. Learned Spl. P.P. submits that the State has no serious objection to the prayer for quashing the entire criminal proceeding including the order taking cognizance dated 13.01.2025 passed by the learned C.J.M., Jamshedpur in connection with Parsudih P.S. Case No. 152 of 2024, corresponding to G.R. No. 88 of 2025 in S.T. Case No. 96 of 2025, in view of the compromise between the parties. 5. Having heard the submissions made at the Bar and after 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, ( 2014) 6 SCC 466 , in paragraph 29, has laid down the 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 Cr.P.C. while accepting the settlement and quashing the proceedings 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 of the Code is to be distinguished from the power which lies in the Court to compound the offences under Section 320 of the Code. No doubt, under Section 482 of the Code, the High Court has inherent power to quash the criminal proceedings even in those cases which are not compoundable, where the parties have settled the matter between themselves. However, this power is to be exercised sparingly and with caution. 29.2. No doubt, under Section 482 of the Code, the High Court has inherent power to quash the criminal proceedings even in those cases which are not compoundable, where the parties have settled the matter between themselves. However, this power is to be exercised sparingly and with caution. 29.2. When the parties have reached the settlement and on that basis petition for quashing the criminal proceedings is filed, the guiding factor in such cases would be to secure: (i) ends of justice, (ii) to prevent abuse of the process of any court. While exercising the power the High Court is to form an opinion on either of the aforesaid two objectives. 29.3. Such a power is not to be exercised in those prosecutions which involve heinous and serious offences of mental depravity or offences like murder, rape, dacoity, etc. Such offences are not private in nature and have a serious impact on society. Similarly, for the offences alleged to have been committed under special statute like the Prevention of Corruption Act or the offences committed by public servants while working in that capacity are not to be quashed merely on the basis of compromise between the victim and the offender. 29.4. On the other hand, those criminal cases having overwhelmingly and predominantly civil character, particularly those arising out of commercial transactions or arising out of matrimonial relationship or family disputes should be quashed when the parties have resolved their entire disputes among themselves. 29.5. While exercising its powers, the High Court is to examine as to whether the possibility of conviction is remote and bleak and continuation of criminal cases would put the accused to great oppression and prejudice and extreme injustice would be caused to him by not quashing the criminal cases. 29.6. Offences under Section 307 IPC would fall in the category of heinous and serious offences and therefore are to be generally treated as crime against the society and not against the individual alone. However, the High Court would not rest its decision merely because there is a mention of Section 307 IPC in the FIR or the charge is framed under this provision. However, the High Court would not rest its decision merely because there is a mention of Section 307 IPC in the FIR or the charge is framed under this provision. It would be open to the High Court to examine as to whether incorporation of Section 307 IPC is there for the sake of it or the prosecution has collected sufficient evidence, which if proved, would lead to proving the charge under Section 307 IPC. For this purpose, it would be open to the High Court to go by the nature of injury sustained, whether such injury is inflicted on the vital/delicate parts of the body, nature of weapons used, etc. Medical report in respect of injuries suffered by the victim can generally be the guiding factor. On the basis of this prima facie analysis, the High Court can examine as to whether there is a strong possibility of conviction or the chances of conviction are remote and bleak. In the former case it can refuse to accept the settlement and quash the criminal proceedings whereas in the latter case it would be permissible for the High Court to accept the plea compounding the offence based on complete settlement between the parties. At this stage, the Court can also be swayed by the fact that the settlement between the parties is going to result in harmony between them which may improve their future relationship. 29.7. While deciding whether to exercise its power under Section 482 of the Code or not, timings of settlement play a crucial role. Those cases where the settlement is arrived at immediately after the alleged commission of offence and the matter is still under investigation, the High Court may be liberal in accepting the settlement to quash the criminal proceedings/investigation. It is because of the reason that at this stage the investigation is still on and even the charge-sheet has not been filed. Likewise, those cases where the charge is framed but the evidence is yet to start or the evidence is still at infancy stage, the High Court can show benevolence in exercising its powers favourably, but after prima facie assessment of the circumstances/material mentioned above. Likewise, those cases where the charge is framed but the evidence is yet to start or the evidence is still at infancy stage, the High Court can show benevolence in exercising its powers favourably, but after prima facie assessment of the circumstances/material mentioned above. On the other hand, where the prosecution evidence is almost complete or after the conclusion of the evidence the matter is at the stage of argument, normally the High Court should refrain from exercising its power under Section 482 of the Code, as in such cases the trial court would be in a position to decide the case finally on merits and to come to a conclusion as to whether the offence under Section 307 IPC is committed or not. Similarly, in those cases where the conviction is already recorded by the trial court and the matter is at the appellate stage before the High Court, mere compromise between the parties would not be a ground to accept the same resulting in acquittal of the offender who has already been convicted by the trial court. Here charge is proved under Section 307 IPC and conviction is already recorded of a heinous crime and, therefore, there is no question of sparing a convict found guilty of such a crime.” (Emphasis supplied) 6. Now coming to the facts of the case, because of some misunderstanding, this case has been instituted. It is needless to mention here that in view of compromise between the parties, the possibility of conviction of the petitioner is remote and bleak and continuation of the case would put the accused-petitioner to oppression and prejudice and extreme injustice would be caused by not quashing this criminal case and continuation of the criminal proceeding will amount to abuse of the process of law and in the interest of the justice, the entire criminal proceeding be quashed qua the petitioner only. 7. Accordingly, entire criminal proceeding including the order taking cognizance dated 13.01.2025 passed by the learned C.J.M., Jamshedpur in connection with Parsudih P.S. Case No. 152 of 2024, corresponding to G.R. No. 88 of 2025 in S.T. Case No. 96 of 2025, is quashed and set aside qua the petitioner only. 8. In the result, this Criminal Miscellaneous Petition is allowed. 9. Consequently, the interlocutory application no.6623 of 2025 is disposed of.