Chandan Kumar Agarwal vs The State Of Jharkhand
2021 Latest Caselaw 4164 Jhar

                                       1

      IN THE HIGH COURT OF JHARKHAND AT RANCHI
                   Cr.M.P. No. 2505 of 2021

1. Chandan Kumar Agarwal
2. Mukesh Kumar Agarwal
3. Hemant Kumar Gupta
4. Naresh Kumar Agarwal @ N.K. Agarwal
5. Manish Kumar Tayal                                       ...... Petitioners
                            Versus
1.The State of Jharkhand
2. Shrwan Kumar Jindal
3. Nitu Jindal                                              ...... Opposite Parties
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CORAM:        HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
                           ---------
For the Petitioners : Mr. Shailesh, Advocate
For the State       : Mr. Mr. Prabhu Dayal Agrawal, Spl. P.P.
For the O.P. No. 2 & 3:Mr. Uttam Kr. Das, Advocate

2/Dated: 03/11/2021

Heard Mr. Shailesh, learned counsel for the petitioners, Mr. Prabhu

Dayal Agrawal, learned counsel for the State and Mr. Uttam Kr. Das, learned counsel

for the O.P. Nos. 2 & 3.

2. This petition has been heard through Video Conferencing in view of the

guidelines of the High Court taking into account the situation arising due to COVID-19

pandemic. None of the parties have complained about any technical snag of audio-

video and with their consent this matter has been heard.

3. This criminal miscellaneous petition has been filed for quashing of entire

criminal proceeding including F.I.R. in connection with Bermo P.S. Case No. 121 of

2021, corresponding to G.R. Case No. 1035 of 2021, pending in the Court of learned

S.D.J.M, Bermo at Tenughat.

4. This case arises out of sections 406/420/34 of the Indian Penal Code due

to business transaction.

5. Mr. Shailesh, learned counsel appearing for the petitioners submits that

the matter has been compromised between the parties for that a joint compromise

petition has been filed on behalf of petitioners as well as O.P. Nos. 2 & 3 by way of

I.A. No. 6248 of 2021 affidavited by O.P. Nos. 2 and 3 and pairvikar of the petitioners

seeking permission to compromise the case.

6. In the interlocutory application, it has been stated that the

compromise has been arrived between the parties and the dispute has been settled

between the parties. It has been stated that the O.P. Nos. 2 & 3 have got no

objection if the entire criminal proceeding initiated against the petitioners, is

quashed. A photocopy of settlement has been annexed as Annexure-A to the

interlocutory application.

7. Mr. Uttam Kr. Das, learned counsel appearing for the O.P. No. 2 & 3 submits

that compromise has reached between the parties. He submits that the entire

criminal proceeding may kindly be quashed.

8. Learned counsel for the State fairly submits that as the matter has been

compromised, the Court may pass appropriate order.

9. The case is arises out of sections 406/420 I.P.C. which are

compoundable under section 320 Cr.P.C.

10. In the case of Narinder Singh & Ors. Versus State of Punjab & Anr.,

reported in (2014) 6 SCC 466, the Hon'ble Supreme Court has held that in those

cases which are not compoundable and there is no chance of conviction and also

there is no societal interest, where the parties have settled the matter between

themselves, the power is to be exercised. In Paragraphs-29 and 30, the Hon'ble

Supreme Court has held as follows:-

"29. At this juncture, we would like also to add that the timing of settlement would also play a crucial role. If the settlement is arrived at immediately after the alleged commission of offence when the matter is still under investigation, the High Court may be somewhat liberal in accepting the settlement and quashing the proceedings/investigation. Of course, it would be after looking into the attendant circumstances as narrated in the previous para. Likewise, when challan is submitted but the charge has not been framed, the High Court may exercise its discretionary jurisdiction. However, at this stage, as mentioned above, since the report of the I.O. under Section 173, Cr.P.C. is also placed before the Court it would become the bounding duty of the Court to go into the said report and the evidence collected, particularly the medical evidence relating to injury etc. sustained by the victim. This aspect, however, would be examined along with another important consideration, namely, in view of settlement between the parties, whether it would be unfair or contrary to interest of justice to continue with the criminal proceedings and whether possibility of conviction is remote and bleak. If the Court finds the answer to this question in affirmative, then also such a case would be a fit case for the High Court to give its stamp of approval to the compromise arrived at between the parties, inasmuch as in such cases no useful purpose would be served in carrying out the criminal proceedings which in all likelihood would end in acquittal, in any case.

30. We have found that in certain cases, the High Courts have accepted the compromise between the parties when the matter in appeal was pending before the High Court against the conviction recorded by the

trial court. Obviously, such cases are those where the accused persons have been found guilty by the trial court, which means the serious charge of Section 307 IPC has been proved beyond reasonable doubt at the level of the trial court. There would not be any question of accepting compromise and acquitting the accused persons simply because the private parties have buried the hatche."

11. In the case of " Gian Singh Vs. State of Punjab & Anr." reported in

(2012) 10 SCC 303, the Hon'ble Supreme Court has also conceded about the

quashing of the case in terms of the settlement, arrived at between the parties.

Paragraph-61 of the said judgment reads as follows:-

"61. The position that emerges from the above discussion can be summarised thus: 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."

12. In view of the aforesaid facts and considering the joint compromise

petition, filed by the parties before this Court stating that compromise has reached

between the parties, the O.P. Nos. 2 and 3 do not want to proceed with the case, no

societal interest is involved in this case and also taking into consideration the

judgments of Hon'ble Supreme Court in the cases of Narinder Singh & Ors.

(Supra) and Gian Singh (Supra), the entire criminal proceeding including F.I.R. in

connection with Bermo P.S. Case No. 121 of 2021, corresponding to G.R. Case No.

1035 of 2021, pending in the Court of learned S.D.J.M, Bermo at Tenughat, is hereby

quashed.

13. Cr.M.P. No. 2505 of 2021 stands allowed and disposed of. I.A. No.

6248 of 2021 also stands allowed and disposed of. Pending interlocutory application, if

any, also stands disposed of.

( Sanjay Kumar Dwivedi, J.) Satyarthi/