Panwa Devi vs State Of Jharkhand

Anil Kumar Choudhary, J

Heard the parties.

This  criminal  miscellaneous  petition  has  been  filed  invoking the jurisdiction of this Court under Section 528 of the Bharatiya Nagarik Suraksha Sanhita,  2023 with the prayer to quash  the entire criminal proceeding in connection with G.R. Case No. 287 of 2025 (S.T. No. 118 of 2025) arising out of Pratappur P.S. Case No. 13 of 2025 as well as the order dated 25.03.2025, passed by the learned Sub Divisional Judicial Magistrate, Chatra  in  connection  with  the  said  G.R.  Case  No.  287  of  2025 (S.T. No. 118 of 2025) arising out of Pratappur P.S. Case No. 13 of 2025 whereby and where under the learned Sub Divisional Judicial  Magistrate  has  found prima  facie  case for  the  offences punishable under Section 109(1), 118(1), 238(b) & 3(5) of the B.N.S., 2023.

The learned counsel for the petitioner and the learned counsel for the opposite party no.2, jointly drawing attention of this Court  to  the  Interlocutory  Application No.57  of 2026,  which  is supported  by  the  separate  affidavits  of  the  petitioner  and  the informant-opposite party no.2, submits that therein it has categorically been mentioned that both the parties have compromised the case outside the court and good relationship has  been  established  between  the  parties,  hence  the  informant does not want to proceed with the case. The learned counsel for the petitioner submits that in view of the compromise between the parties, the continuation of this criminal proceeding will amount to abuse of process of law, as in view of the compromise, the chance of conviction of the petitioner is remote and bleak. It is next submitted that in view of the compromise between the parties, the informant-opposite party no.2 does not want to proceed with the case. It is then submitted that otherwise  also the  offence  punishable  under Section  109(1) of the  B.N.S., 2023  is  not made out  against the  petitioner and the only allegation against the petitioner is of catching hold  of the hair of the informant-victim and driving her out from the Scorpio vehicle. Hence, it is submitted that the prayer as prayed for  by  the  petitioner  in  this  criminal  miscellaneous  petition  be allowed.

Learned Addl.  P.P.  submits that in view  of  the  compromise between the parties, the State has no objection to the prayer as prayed for by the petitioner in this criminal miscellaneous petition.

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, had 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 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 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)

Now coming to the facts of the case, because of some misunderstanding, this case has been instituted. The dispute between the parties is a private  dispute and no public  policy  is involved in this case. It is needless to mention here that in view of compromise  between  the  parties,  the  possibility  of  conviction  of the petitioner 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. Therefore, this is a  fit case where the entire criminal proceeding in connection with G.R. Case No. 287 of 2025 (S.T. No. 118 of 2025) arising out of Pratappur  P.S.  Case  No.  13  of  2025  as  well  as  the  order  dated 25.03.2025, passed by the learned Sub Divisional Judicial Magistrate,  Chatra  in connection with  the  said G.R.  Case  No. 287 of 2025 (S.T. No. 118 of 2025) arising out of Pratappur P.S. Case No. 13 of 2025 whereby and where under the learned Sub DivisionalJudicial Magistrate has found prima facie case for the offences punishable under Section 109(1), 118(1), 238(b) & 3(5) of the B.N.S., 2023, be quashed and set aside qua the petitioner only.

Accordingly, the entire criminal proceeding in connection with G.R.  Case No.  287 of 2025 (S.T. No. 118 of 2025) arising out  of Pratappur  P.S.  Case  No.  13  of  2025  as  well  as  the  order  dated 25.03.2025, passed by the learned Sub Divisional Judicial Magistrate,  Chatra  in connection with  the  said G.R.  Case  No. 287 of 2025 (S.T. No. 118 of 2025) arising out of Pratappur P.S. Case No. 13 of 2025 whereby and where under the learned Sub DivisionalJudicial Magistrate has found prima facie case for the offences punishable under Section 109(1), 118(1), 238(b) & 3(5) of the B.N.S., 2023, is quashed and set aside qua the petitioners only.

In the result, this Criminal Miscellaneous Petition is allowed.

Consequently,  the  interlocutory  application  no.  57  of  2026  is disposed of accordingly.