High Court may quash non-heinous proceedings on compromise where the dispute is predominantly civil and conviction is remote.

Saras Kumar filed a petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking quashing of the criminal proceedings arising from Kanke P.S. Case No. 103 of 2026, registered for offences under various provisions of the Bharatiya Nyaya Sanhita, 2023, and Sections 3(1)(f) and 3(1)(s) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

The proceedings were pending before the Additional Judicial Commissioner-II-cum-Special Judge, SC/ST Act, Ranchi. At the time of hearing, investigation was continuing and no charge-sheet had been filed.

The petitioner and Opposite Party No. 2 submitted that the dispute originated from a civil dispute and had been amicably settled through the intervention of well-wishers, relatives, social workers, and villagers. Opposite Party No. 2 stated that he no longer wished to pursue the case.

The State also expressed no objection to the quashing petition in view of the compromise.

1. Whether the High Court could exercise its inherent jurisdiction under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to quash the criminal proceedings on the basis of a settlement between the parties

2. Whether, having regard to the civil origin of the dispute, the nature of the alleged offences, and the compromise, continuation of the criminal proceedings would constitute an abuse of process or frustrate the ends of justice

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

Relying on Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur v. State of Gujarat, (2017) 9 SCC 641, and the principles originating in Gian Singh v. State of Punjab, (2012) 10 SCC 303, the Court held that criminal proceedings may be quashed where the dispute is overwhelmingly civil or private in nature, the parties have fully settled their differences, and the possibility of conviction is remote and bleak. However, heinous offences, offences involving serious mental depravity, offences having a substantial impact on society, and offences under special statutes ordinarily should not be quashed merely on the basis of compromise.

The Court also considered the offences alleged under the Bharatiya Nyaya Sanhita, 2023 and the SC/ST (Prevention of Atrocities) Act, 1989.

The Court found that the prosecution arose from a civil dispute and that the parties had entered into a voluntary and comprehensive settlement, supported by affidavits. The complainant’s unwillingness to proceed and the State’s lack of objection further reduced the likelihood of a successful prosecution.

Applying the principles in Parbatbhai Aahir and Gian Singh, the Court held that the alleged offences were neither heinous nor indicative of serious mental depravity and that no overriding public policy consideration required continuation of the prosecution.

In these circumstances, the possibility of conviction was remote and bleak, while continuation of the proceedings would cause hardship to the petitioner and amount to an abuse of the process of law.

The entire criminal proceeding arising out of Kanke P.S. Case No. 103 of 2026 was quashed and set aside qua Saras Kumar.

The criminal miscellaneous petition was accordingly allowed, and Interlocutory Application No. 11947 of 2026 was disposed of.