Jharkhand High Court

Sanjay Kumar Dwevedi @ Sanjay Dubey vs The State Of Jharkhand on 14 November, 2024

Author: Anil Kumar Choudhary

Bench: Anil Kumar Choudhary

           IN THE HIGH COURT OF JHARKHAND AT RANCHI
                          Cr.M.P. No.2938 of 2024
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Sanjay Kumar Dwevedi @ Sanjay Dubey, aged 60 years, son of Late Rajdeo Dubey, resident of Awal Muhalla, P.O. & P.S: Sadar, Dist: Chatra ... Petitioner Versus

1. The State of Jharkhand

2. Victim ... Opposite Parties

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For the Petitioner : Mr. Mahesh Tewari, Advocate Mr. Shubham Kumar, Advocate Mr. Abhishek Kr. Dubey, Advocate Mr. Rohan Kr. Singh, Advocate Mr. Harsh Tiwary, Advocate For the State : Ms. Kumari Rashmi, Addl.P.P. For the O.P. No.2 : Mr. Sanjay Kr. Pandey, Advocate Mr. Anurag Kumar, Advocate

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                                          PRESENT
                  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 B.N.S.S., 2023 with a prayer to

quash the entire criminal proceeding in connection with Chatra Sadar P.S. Case

No.173 of 2024 registered for the offence punishable under Sections 376/511 of

the Indian Penal Code.

3. Learned counsel for the petitioner and the learned counsel for the

opposite party No.2-informant jointly draw the attention of this Court to

Interlocutory Application No.11512 of 2024, which is supported by the separate

affidavits of the petitioner and the opposite party No.2- informant, and submit

that therein it has categorically been mentioned that with the intervention of

the near friends and well-wishers, the petitioner and the opposite party No.2-

informant have settled their dispute without any pressure and coercion, hence,

the opposite party No.2- informant does not want to proceed with the case. It is

next submitted that therein it has also been mentioned that the present criminal

case is a concocted one and no such occurrence as alleged ever occurred.

Learned counsel for the petitioner and learned counsel for the opposite party

No.2 further submit that the dispute between the parties is a private dispute

and no public policy is involved in this case and there is no scientific evidence

to support the occurrence.

4. In support of his contention, learned counsel for the petitioner relies

upon the judgment of the Hon'ble Supreme Court of India in the case of Kapil

Gupta vs. State of NCT of Delhi & Another reported in 2022 INSC 814 as well

as a judgment of the High Court of Delhi in the case of Ranjeet Singh vs. State

of NCT of Delhi & Another passed in Crl. M.C. 2960/2024 & Crl. M.A.

11344/2024. It is next submitted that in view of the settlement between the

parties, the continuation of this criminal proceeding will amount to abuse of

process of law as in view of the compromise, the chances of conviction of the

petitioner is remote and bleak. Hence, it is submitted that the entire criminal

proceeding in connection with Chatra Sadar P.S. Case No.173 of 2024, be

quashed and set aside.

5. Learned Addl.P.P. appearing for the State submits that in view of the

compromise between the parties, the State has no objection for quashing the

entire criminal proceeding in connection with Chatra Sadar P.S. Case No.173 of

2024.

6. Having heard the rival submissions made at the Bar and after carefully

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 Parbatbhai Aahir @

Parbatbhai Bhimsinhbhai Karmur & Others vs. State of Gujarat & 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 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)"

7. Perusal of the record reveals that the offences involved in this case are

not heinous offences nor is there any serious offence of mental depravity

involved in this case rather the same relates to private dispute between the

parties, which has undisputedly resolved between the parties, amicably.

8. Because of the complete settlement between the offender and the victim,

the possibility of conviction of the petitioner is remote and bleak and

continuation of the criminal case would put the petitioner 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.

9. Hence, this Court is of the considered view that this is a fit case where

the entire criminal proceeding in connection with Chatra Sadar P.S. Case