Jharkhand High Court
Samir Das vs The State Of Jharkhand on 10 October, 2023
Author: Anil Kumar Choudhary
Bench: Anil Kumar Choudhary
1 Cr.M.P. No.2837 of 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.M.P. No. 2837 of 2023
Samir Das, aged about 49 years, S/o Late Prahlad Das, R/o -At -
Laxmi Narayan Moti Road Behala, P.O. & P.S. -Behala, District -
Kolkata, State -West Bengal.
.... Petitioner
Versus
1. The State of Jharkhand
2. Jakir Hussain Ansari, S/o Late Umar Ali, R/o -At -Chhattarpur, P.O.,
P.S. & District -Garhwa, Jharkhand
.... Opp. Parties
PRESENT
HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
.....
For the Petitioner : Mr. Sheo Kr. Singh, Advocate For the State : Mr. Pankaj Kr. Mishra, Addl. P.P. For O.P. No.2 : Mr. J.N. Upadhyay, 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 a prayer to quash the F.I.R. and the entire criminal proceeding including the order dated 17.06.2023 and 14.08.2023 by which warrant of arrest and proclamation under section 82 Cr.P.C. was issued against the petitioner in connection with Garhwa P.S. Case No. 116 of 2018, corresponding to G.R. Case No. 563 of 2018 registered for the offences punishable under Section 420/406/467/468/387/ 511/506/120B of the Indian Penal Code and under section 138 of the N.I. Act, now pending in the court of learned Chief Judicial Magistrate, Garhwa.2 Cr.M.P. No.2837 of 2023
3. 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.8446 of 2023 which is supported by separate affidavits of the petitioner and the informant-opposite party no. 2 submits that therein it has been mentioned that due to misunderstanding between the informant and the petitioner, this case has been instituted and now, all the dispute between the parties has been settled with the intervention of common friends and well-wishers and the informant-opposite party no.2 does not want to proceed with the case and has no objection if the entire criminal proceeding is quashed on the basis of compromise. It is next submitted that the dispute between the parties is basically a private dispute and 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 continuation of criminal proceeding would amount to abuse of process of law. It is therefore submitted that the F.I.R. and the entire criminal proceeding including the order dated 17.06.2023 and 14.08.2023 by which warrant of arrest and proclamation under section 82 Cr.P.C. was issued against the petitioner in connection with Garhwa P.S. Case No. 116 of 2018, corresponding to G.R. Case No. 563 of 2018 registered for the offences punishable under Section 420/406/467/468/387/ 511/506/120B of the Indian Penal Code and under section 138 of the N.I. Act, now pending in the court of learned Chief Judicial Magistrate, Garhwa, be quashed and set aside.3 Cr.M.P. No.2837 of 2023
4. Learned Addl. P.P. submits that the State has no objection to the prayer for quashing the F.I.R. and the entire criminal proceeding including the order dated 17.06.2023 and 14.08.2023 by which warrant of arrest and proclamation under section 82 Cr.P.C. was issued against the petitioner in connection with Garhwa P.S. Case No. 116 of 2018, corresponding to G.R. Case No. 563 of 2018 registered for the offences punishable under Section 420/406/ 467/468/387/511/506/120B of the Indian Penal Code and under section 138 of the N.I. Act, now pending in the court of learned Chief Judicial Magistrate, Garhwa, 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 that the Hon'ble Supreme Court of India in the case of Parbatbhai Aahir v. State of Gujarat 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) 4 Cr.M.P. No.2837 of 2023 "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 5 Cr.M.P. No.2837 of 2023 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 there is any serious offence of mental depravity rather the offences have a civil flavour that too has been compromised .
7. Considering the aforesaid facts, this Court is of the considered view that this is a fit case where the F.I.R. and the entire criminal proceeding including the order dated 17.06.2023 and 14.08.2023 by which warrant of arrest and proclamation under section 82 Cr.P.C. was issued against the petitioner in connection with Garhwa P.S. Case No. 116 of 2018, corresponding to G.R. Case No. 563 of 2018 registered for the offences punishable under Section 420/406/467/468/387/511/506/120B of the Indian Penal Code and under section 138 of the N.I. Act, now pending in the court of learned Chief Judicial Magistrate, Garhwa, be quashed and set aside qua the petitioner.
8. Accordingly, the F.I.R. and the entire criminal proceeding including the order dated 17.06.2023 and 14.08.2023 by which warrant of arrest and proclamation under section 82 Cr.P.C. was issued against the petitioner in connection with Garhwa P.S. Case No. 116 of 2018, corresponding to G.R. Case No. 563 of 2018 registered for the offences punishable under Section 6 Cr.M.P. No.2837 of 2023 420/406/467/468/387/511/506/120B of the Indian Penal Code and under section 138 of the N.I. Act, now pending in the court of learned Chief Judicial Magistrate, Garhwa, is quashed and set aside qua the petitioner only.
9. In the result, this criminal miscellaneous petition is allowed.
10. Consequently, the interlocutory application no.8446 of 2023 is disposed of being infructuous.
(Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated the 10th October, 2023 AFR/Sonu-Gunjan/-