The High Court
Case Details
(2025:JHHC:34582) IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No. 3299 of 2025 1. Haider Ali @ Chamo, aged about 47 years, son of Md. Mustafa Ansari @ Nakku Mostar 2. Shahzad Ansari @ Sahzad Ansari @ Md. Shahzad Alam @ Md. Shahzada Alam, aged about 35 years, son of Anwar Tailor @ Md. Anwar Alam 3. Mintu Ansari @ Kaiser Javed @ Lomad, aged about 41 years, son of late Md. Akhtar @ Akhtar Hussain 4. Md. Shabbir Ansari @ Shabbir Ansari @ Sabir Ansari, aged about 34 years 5. Abid Ansari @ Md. Abid Nazir, aged about 28 years 6. Pappu Ansari @ Md. Jabbir Alam, aged about 33 years, Petitioners Nos.4 to 6 are sons of Hamid Tata @ Abdul Hamid All resident of Bhadrichak, Sijua, P.O. & P.S.-Jogta, Dist.- Dhanbad …... Petitioners 1. The State of Jharkhand 2. Victim/Informant Versus ….. Opposite Parties For the Petitioners For the State For the O.P. No.2
Legal Reasoning
: Mrs. Jasvindar Mazumdar, Advocate : Mr. Shailesh Kr. Sinha, Addl. P.P : Mr. Naresh Pd. Thakur, Advocate 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 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 with the prayer for quashing the entire criminal proceeding in connection with Jogta P.S. Case No. 29 of 2025 registered for the offences punishable under Sections Cr.M.P. No. 3299 of 2025 1 (2025:JHHC:34582) 191(2), 191(3), 190, 331, 74, 76, 109, 115 (2) and 351(2) of B.N.S., 2023. 3. It is submitted by the learned counsel for the petitioners that the investigation of the case is going on and charge sheet has not yet been submitted. 4. It is jointly submitted by the learned counsel for the petitioners and the learned counsel for the informant-opposite party no.2 by drawing attention of this Court to the Interlocutory Application No.15107 of 2025 which is supported by separate affidavits of the petitioners and the informant-victim as well as other victims namely Doman , Sofiya Khatoon and Tehru Nisha, submits that therein it has been mentioned that during the pendency of the case the victims as well as the informant and the petitioners have entered into a compromise, with the intervention of well-wishers and close relatives and settled the matter outside the Court. It is further jointly submitted by the learned counsel for the petitioners and the learned counsel for the informant-opposite party no.2 that in view of the compromise, the informant and victims do not want to proceed with the case. It is submitted by the learned counsel for the petitioners that the case was instituted upon the complaint being referred to police under Section 156 (3) Cr.P.C. It is further submitted by the learned counsel for the petitioner that the genesis of the occurrence is a petty dispute and no offence punishable under Section 109 of B.N.S. is otherwise made out. It Cr.M.P. No. 3299 of 2025 2 (2025:JHHC:34582) is further jointly submitted by the learned counsel for the petitioners and the learned counsel for the informant-opposite party no.2 that the chance of the conviction of the petitioners 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 the prayer as made in this criminal miscellaneous petition be allowed. 5. Learned Addl. P.P. opposes the prayer of the petitioners as made in this criminal miscellaneous petition. 6. 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 reported in (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 Cr.M.P. No. 3299 of 2025 3 (2025:JHHC:34582) 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, or (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. 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 Cr.M.P. No. 3299 of 2025 4 (2025:JHHC:34582) 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. 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) 7. Now coming to the facts of the case, it is crystal clear that because of some misunderstanding, this case has been instituted. In the facts of the case, the offence punishable under section 109 of B.N.S. is not made out. It is needless to mention here that in view of compromise between the parties, the possibility of conviction of the petitioners is remote and bleak and continuation of the case would put the accused-petitioners to oppression and prejudice and extreme injustice would be caused by not quashing this criminal case. Hence, 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 petitioners only. Cr.M.P. No. 3299 of 2025 5 (2025:JHHC:34582) 8. Accordingly, the entire criminal proceeding in connection with Jogta P.S. Case No. 29 of 2025, is quashed and set aside qua the petitioners only. 9.
Decision
In the result, this Criminal Miscellaneous Petition is allowed. 10. Consequently, the interlocutory application no.15107 of 2025 is disposed of. High Court of Jharkhand, Ranchi Dated, the 20th November, 2025 AFR/Sonu-Gunjan/- Uploaded on 24/11/2025 (Anil Kumar Choudhary, J.) Cr.M.P. No. 3299 of 2025 6