The High Court
Case Details
1 Cr.M.P. No. 46 of 2023 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No. 46 of 2023 1. Vikash Kumar Singh @ Vikash Kumar, aged about 36 years, son of late Bairister Prasad Singh, resident of Lakshman Singh Lajpat Nagar, Near Lala Lajpat Rai School, P.O.-Pundag, P.S.- Jagarnathpur, Dist.- Ranchi 2. Asha Singh @ Asha Devi, aged about 55 years, wife of Lakshman Singh , resident of Lajpat Nagar, Pundag, Near Lala Lajpat High Secondary School, P.O.- Pundag, P.S.- Jagarnathpur, Dist.- Ranchi 3. Rashmi Tiwari, aged about 35 years, daughter of Sahdeo Tiwari , resident of Janta Colony, Kachra Chowk, P.O. & P.S.- Gudiari, Dist.- Raipur, Chhattisgarh Versus ...... Petitioners 1. The State of Jharkhand 2. Satya Singh @ Ruchi, wife of Vikash Kumar Singh, daughter of late Lalan Prasad Singh, resident of near Devi Darshan Mandir, Behind, BITT college, P.O.- BITT Chack, P.S.- Sadar, Dist.- Ranchi ….. Opposite Parties For the Petitioners For the State For the O.P. No. 2
Legal Reasoning
: Mr. Binod Kumar, Adv. : Ms. Priya Shrestha, Spl.PP : Mr.Master Aakash , Adv. P R E S E N T 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 482 Cr.P.C. with a prayer for quashing the FIR including all the subsequent proceeding arising out of the Sadar (Mesra) P.S. Case no. 564 of 2017 dated 23.10.2017 corresponding to G.R. No. 5715 of 2017, registered for the offence punishable under Section 323, 341, 498A and 34 of the IPC. 3. Learned counsel for the petitioners and learned counsel for the opposite party no. 2 jointly draws attention of the court to the report of the Mediator of the Mediation Centre, Civil Court, 2 Cr.M.P. No. 46 of 2023 Ranchi kept at annexure 3 series and submit that it has been mentioned therein that the petitioner and the opp. Party no. 2 have compromised the case and filed a petition for dissolution of marriage by mutual consent and filed original suit no. 525 of 2022. It is next submitted that in view of the compromise between the parties, the opposite party no. 2 is not interested in pursuing the case, hence, the chance of the conviction of the petitioners is remote and bleak. It is further submitted that the dispute between the parties is a private dispute and no public policy is involved in the case hence, continuation of the criminal proceeding in connection with Sadar (Mesra) P.S. Case no. 564 of 2017 corresponding to G.R. No. 5715 of 2017, will amount to abuse of the process of law and no purpose would be served in continuing with the criminal proceeding after compromise have been entered into between the parties, hence, it is jointly submitted that the FIR including all the subsequent proceedings arising out of the Sadar (Mesra) P.S. Case no. 564 of 2017 corresponding to G.R. No. 5715 of 2017, be quashed against the petitioners. 4. Learned Special. PP submits that the State has no objection to the prayer of quashing of the FIR including all the subsequent proceedings arising out of the Sadar (Mesra) P.S. Case no. 564 of 2017 corresponding to G.R. No. 5715 of 2017 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 Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur and Others v. 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) 3 Cr.M.P. No. 46 of 2023 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. 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. Because of the compromise between the offenders and the victim, the possibility of conviction is remote and bleak and continuation of the criminal case would put the accused persons 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. 4 Cr.M.P. No. 46 of 2023 7. In view of the submission made jointly by the learned counsel for the petitioners and learned counsel for the opposite party no. 2, this court is satisfied that the parties have amicably resolved their entire dispute and thus, in the considered opinion of this Court, it would be unfair and contrary to the interest of justice to continue with the criminal proceeding and the continuance of criminal proceeding would tantamount to the abuse of the process of law and in the interest of justice, it is appropriate that the entire criminal proceeding against the petitioners be put to an end. Accordingly, the FIR including all the subsequent proceedings arising out of the Sadar (Mesra) P.S. Case no. 564 of 2017 corresponding to G.R. No. 5715 of 2017, against the petitioners, is quashed and set aside.
Decision
8. In the result, this criminal miscellaneous petition is allowed. High Court of Jharkhand, Ranchi Dated, the 16th August, 2023 Smita /AFR (Anil Kumar Choudhary, J.)