Jaysai N.K. @ Jisy N.K. @ Jaysi N.K vs The State Of Jharkhand on 17 February, 2026

Author: Anil Kumar Choudhary

Bench: Anil Kumar Choudhary

                                                                                    2023:JHHC:30453
                                                                       (2026:JHHC:4459)



              IN THE HIGH COURT OF JHARKHAND AT RANCHI
                         Cr.M.P. No. 180 of 2023


          Jaysai N.K. @ Jisy N.K. @ Jaysi N.K., aged about 36 years, d/o Balu
          M.M.    Nedumkandathil       Kodually,          P.O.-South   Koduvally,         P.S.-
          Kozhikode, Dist.-Kozhikode, 673572, Kerala
                                                   ....                  Petitioner
                                        Versus

          1. The State of Jharkhand
          2. Dipanjali Kumari Sinha, wife of Abhay Kumar Singh, daughter of
              Kauslesh Kumar Sinha, resident of Prabhat Bhawan, South
              Shivpuri, P.O. & P.S.-Hazaribagh, Town & Dist.-Hazaribagh
                                                   ....                   Opp. Parties


                                      PRESENT

                HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
                                       .....

For the Petitioners : Mr. Jitendra S. Singh, Advocate : Mr. Anish Kr. Mishra, Advocate For the State : Mrs. Nehala Sharmin, Spl. P.P. For O.P. No.2 : Mr. Ashok Kr. Singh, Advocate .....

By the Court:-

1. Heard the parties.

2. This criminal miscellaneous petition has been filed invoking the

jurisdiction of this Court under Section 482 Cr.P.C. with the

prayer to quash the summoning order dated 17.10.2022 passed by

the learned A.C.J.M., Hazaribagh and all proceeding emanating in

connection with Lohsinghna P.S. Case No.67 of 2019,

corresponding to G.R. No. 2061 of 2022, whereby and where

under, the learned A.C.J.M., Hazaribagh has taken cognizance of

the offences punishable under Sections 341, 323, 324, 313, 379,

2023:JHHC:30453 (2026:JHHC:4459)

498A, 504, 506 and 120B/34 of the Indian Penal Code and under

Section 3/4 of Dowry Prohibition Act.

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

the opposite party no.2 jointly drawing attention of this Court to

page no.8 of the counter affidavit filed on behalf of the opposite

party no.2 which is the settlement arrived at between the parties

in the Mediation Center, Hazaribagh in respect of this case also;

submits that in view of the said settlement the opposite party no.2

doesn't want to proceed with the case. It is next submitted by the

learned counsel for the petitioner that the allegations against the

petitioner are all false. It is next jointly submitted by the learned

counsel for the petitioner and the learned counsel for the opposite

party no.2 that in view of the settlement between the parties, the

informant does not want to proceed with the case. It is then

submitted by the learned counsel for the petitioner and the

learned counsel for the opposite party no.2 that no public policy is

involved in this case and as compromise has entered into between

the parties, the chances of conviction of the petitioner is remote

and bleak. Hence, it is submitted that the prayer as made in this

criminal miscellaneous petition be allowed.

4. Learned Spl. P.P. submits that the State has no serious objection

to the prayer as made in this criminal miscellaneous petition, in

view of the compromise between the parties.

5. Having heard the submissions made at the Bar and after going

through the materials in the record, it is pertinent to mention here

2023:JHHC:30453 (2026:JHHC:4459)

that the Hon'ble Supreme Court of India in the case of Parbatbhai

Aahir @ Parbatbhai Bhimsinhbhai Karmur and Others vs. State

of Gujarat and Another reported in (2017) 9 SCC 641 has 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

2023:JHHC:30453 (2026:JHHC:4459)

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. Perusal of the record reveals that the offences involved in this

case are neither heinous offence nor is there any serious offence of

mental depravity involved in this case. The institution of the

criminal case is a result of matrimonial dispute between the

2023:JHHC:30453 (2026:JHHC:4459)

parties which has amicably been settled between the parties. In

view of the final settlement between the parties; the continuation

of this criminal proceeding will cause hardship to the petitioner.

7. Considering the aforesaid facts, this Court is of the considered

view that this is a fit case where the summoning order dated

17.10.2022 passed by the learned A.C.J.M., Hazaribagh and all

proceeding emanating in connection with Lohsinghna P.S. Case