After Informant Settles Dispute, Jharkhand HC Quashes FIR Against Two Men Involving Arms And SC/ST Act Allegations

The petitioners sought to quash Sahibganj (T) P.S. Case No. 54 of 2026, registered under Sections 126(2), 115(2), 109(1), 352 and 3(5) of the Bharatiya Nyaya Sanhita, 2023, Section 27 of the Arms Act, and Sections 3(1)(r) and 3(1)(s) of the SC/ST (Prevention of Atrocities) Act.

The investigation was ongoing and no charge-sheet had been filed.

The petitioners and informant filed affidavits confirming a voluntary settlement; the informant stated that he had no further grievance and did not wish to proceed.

The State did not oppose quashing.

Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 preserves the High Court’s inherent power to prevent abuse of process and secure the ends of justice.

Applying Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur v. State of Gujarat, (2017) 9 SCC 641, which discusses the principles in Gian Singh v. State of Punjab, (2012) 10 SCC 303, the Court noted that quashing on compromise is distinct from statutory compounding.

The court must consider the nature and gravity of the offence and the impact on society; serious or heinous offences generally cannot be quashed merely because the parties have settled.

Proceedings involving disputes with a predominantly private or civil character may, however, be quashed where the settlement is complete, the prospect of conviction is remote, and continuation would cause injustice or amount to abuse of process.

The Court treated the dispute as a private matter and found that the offences, in the circumstances of this case, were not heinous and did not involve a serious offence of mental depravity.

It relied on the parties’ voluntary, complete settlement and the informant’s decision not to proceed, together with the State’s lack of objection.

The Court concluded that the likelihood of conviction was remote and that continuing the case would cause oppression, prejudice and injustice to the petitioners.

It quashed the FIR and the entire criminal proceeding in Sahibganj (T) P.S. Case No. 54 of 2026, pending before the Additional Sessions Judge-I-cum-Special Judge, SC/ST Act, Sahibganj, qua the petitioners, allowed the criminal miscellaneous petition, and disposed of the interlocutory application.