Criminal Proceedings Involving Private Disputes May Be Quashed Upon Amicable Settlement to Prevent Abuse of Process

The Petitioner sought to quash criminal proceedings and a cognizance order dated April 13, 2017, in G.R. Case No. 207 of 2017.

The case arose from Kenduadih/Gondudih P.S. Case No. 06 of 2017 for alleged offences under Sections 406, 420, 504, and 506 of the Indian Penal Code.

During the pendency of the investigation, the Petitioner and the Informant (Opposite Party No. 2) entered into a compromise with the intervention of well-wishers to maintain peace and harmony.

Both parties filed Interlocutory Application No. 6081 of 2026, supported by affidavits, stating that the dispute was settled out of court.

1. Whether the High Court should exercise its inherent power to quash criminal proceedings involving non-heinous, private disputes on the basis of a compromise between the parties.

Section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (analogous to Section 482 of the Cr.P.C.) regarding the inherent powers of the High Court to prevent abuse of process or to secure the ends of justice.

Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur Others vs. State of Gujarat Another (2017) 9 SCC 641, which mandates that the High Court may quash proceedings in commercial, matrimonial, or private disputes if a compromise renders the possibility of conviction remote and bleak, provided the offence is not heinous (e.g., murder, rape) or against the public interest.

The Court observed that the dispute between the parties was essentially private in nature and did not involve heinous crimes or "mental depravity".

Given the joint submission of a compromise by both the Petitioner and the Informant, the Court reasoned that the likelihood of conviction had become "remote and bleak".

It determined that continuing the criminal trial would subject the Petitioner to "great oppression and prejudice" and would constitute an abuse of the judicial process.

The Court noted that the State expressed no objection to the quashing in light of the settlement.

By applying the Parbatbhai Aahir guidelines, the court found the facts appropriate for the exercise of its inherent jurisdiction to terminate the proceedings to secure the ends of justice.

The High Court quashed and set aside the entire criminal proceeding and the cognizance order dated April 13, 2017, passed by the learned J.M., 1st Class, Dhanbad, in connection with G.R. Case No. 207 of 2017.

Interlocutory Application No. 6081 of 2026 was disposed of accordingly.