Jharkhand HC Quashes IPC 419, 328, 380 FIR After Informant Settles With Accused, Though Investigation Was Ongoing

The petitioner sought to quash Tisri P.S. Case No. 81 of 2021, registered for offences under Sections 419, 328, 380 and 34 of the IPC and pending before the JMFC, Giridih. At the time of the petition, the investigation was ongoing and no charge-sheet had been filed

The petitioner and the informant filed separate affidavits stating that they had compromised the dispute and that the informant did not wish to pursue the case. They submitted that the dispute was private, no one had been injured, and conviction was unlikely; the State did not oppose quashing

Section 528 of the BNSS preserves the High Court’s inherent power to make orders necessary to prevent abuse of the process of court or secure the ends of justice

Relying on 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 applied the rule that quashing on the basis of settlement depends on the nature and gravity of the offence and the circumstances of the case. For disputes that are predominantly private or personal, the High Court may quash where the parties have fully settled, the prospect of conviction is remote, and continuation would be oppressive, unjust, or an abuse of process

The Court accepted the parties’ joint submission, supported by their affidavits, that they had amicably resolved the dispute and that the informant no longer wished to pursue the case

It also noted the submission that no one had suffered injury and that the dispute was private, as well as the State’s lack of objection. Applying the settlement principles in Parbatbhai Aahir, the Court concluded that the compromise made conviction remote and that continuing the proceedings would cause prejudice to the petitioner and amount to an abuse of process

It quashed and set aside Tisri P.S. Case No. 81 of 2021 and the entire criminal proceeding against the petitioner, allowed the petition to that extent, and disposed of I.A. No. 2362 of 2026