Siyaram Thakur, aged about 42 years, son of Sidheshwar Thakur, resident of Koiri Tola v. 1. The State of Jharkhand 2. Ramesh Thakur, son of Sidheshwar Thakur, resident of
Case Details
1 Cr.M.P. No. 1816 of 2022 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No. 1816 of 2022 Siyaram Thakur, aged about 42 years, son of Sidheshwar Thakur, resident of Koiri Tola, Middle School Kapurtalla, Ramgarh, P.O. & P.S.- Ramgarh, Dist.- Ramgarh ….. Petitioner Versus 1. The State of Jharkhand 2. Ramesh Thakur, son of Sidheshwar Thakur, resident of Koiri Tola, Middle School, Kapurtalla, Ramgarh, P.O. & P.S., Ramgarh, District Ramgarh ….. Opposite Parties For the Petitioner For the State For the O.P. No. 2 : : :
Legal Reasoning
Mr. Pratik Sen, Adv. Mr. V.Pradhan , Addl.PP Mr. Shailendra Jit , 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 entire criminal proceeding including the order dated 14.12.2020 passed by learned Chief Judicial Magistrate, Ramgarh in connection with Ramgarh P.S. Case no. 239 of 2019 corresponding to G.R. No. 01 of 2021 by which learned CJM, Ramgarh took cognizance against the petitioner for the offences punishable under Sections 420, 341, 323 and 504 of the IPC and the order dated 19.02.2022 passed by learned Additional Sessions Judge-II, Ramgarh in connection with Ramgarh P.S. case no. 239 of 2019 whereby and where under learned Additional Sessions Judge-II, Ramgarh cancelled the regular bail granted to the petitioners vide order dated 29.01.2021 passed in B.P. No. 51 of 2021. 2 Cr.M.P. No. 1816 of 2022 3. Learned counsel for the petitioner and learned counsel for the opposite party no. 2 jointly draws attention of the court to the I.A. No. 6585 of 2023, which is supported by separate affidavits of the petitioner and the opposite party no. 2, and submit that therein the said I.A., it has been stated that the petitioner and the opposite party no. 2 have agreed to settle their dispute before the Mediator, JHALSA, consequent upon the compromise of the matter, the parties do not want to proceed with the present case, as mentioned in para 14 of the said I.A. It is next jointly submitted that in order to bring an end to the litigation between the parties, they have compromised the matter and no dispute remains between them. It is further submitted that the dispute between the parties is a private dispute and no public policy is involved in the case and it is purely of civil flavor, hence, continuation of the criminal proceeding in connection with Ramgarh P.S. case no. 239 of 2019, 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 entire criminal proceeding including the order dated 14.12.2020 passed by learned Chief Judicial Magistrate, Ramgarh and the order dated 19.02.2022 passed by learned Additional Sessions Judge-II, Ramgarh in connection with Ramgarh P.S. case no. 239 of 2019, be quashed against the petitioner. 4. Learned Addl. PP and learned counsel for the opp. Party no. 2 submits that State has no objection to the prayer of quashing of the entire criminal proceeding including the order dated 14.12.2020 passed by learned Chief Judicial Magistrate, Ramgarh and the order dated 19.02.2022 passed by learned Additional Sessions Judge-II, Ramgarh in connection with Ramgarh P.S. case no. 239 of 2019 against the petitioner 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 3 Cr.M.P. No. 1816 of 2022 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) 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 4 Cr.M.P. No. 1816 of 2022 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. 7. In view of the submission made jointly by the learned counsel for the petitioner 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 petitioner be put to an end. Accordingly, the entire criminal proceeding including the order dated 14.12.2020 passed by learned Chief Judicial Magistrate, Ramgarh and the order dated 19.02.2022 passed by learned Additional Sessions Judge-II, Ramgarh in connection with Ramgarh P.S. case no. 239 of 2019, against the petitioner, is quashed and set aside.
Decision
8. In the result, this criminal miscellaneous petition is allowed. High Court of Jharkhand, Ranchi Dated, the 10th August, 2023 Smita /AFR (Anil Kumar Choudhary, J.)