Non-compoundable criminal proceedings may be quashed under Section 482 CrPC following a bona fide settlement.

On 16 January 2021, Baban Kumar Paswan allegedly entered a power-grid switchyard, came into contact with a 33 KV feeder while attempting to drive out a dog, and died by electrocution.

The petitioners allegedly entered the grid armed with sticks, assaulted the informant and other employees, issued threats, and demanded ₹5,00,000 and other amenities.

On this basis, Sadar P.S. Case No. 38 of 2021 was registered, and the Chief Judicial Magistrate, Darbhanga, took cognizance under Sections 341, 342, 353 and 384/34 IPC by order dated 15 February 2022.

Petitioner No. 1 had earlier lodged Sadar P.S. Case No. 30 of 2021 against the informant and other officials under Sections 304, 120B and 34 IPC concerning the death of his brother; the petitioners contended that the present prosecution was a counterblast.

During the proceedings, the parties entered into a compromise and stated that their disputes had been resolved and that they would not pursue the respective criminal cases.

Whether the order dated 15 February 2022 taking cognizance under Sections 341, 342, 353 and 384/34 IPC, and the consequential criminal proceedings, ought to be quashed under Section 482 CrPC as an abuse of the process of the Court.

Whether the compromise between the parties justified quashing the non-compoundable criminal proceedings in the interests of justice.

Whether the allegations, particularly the alleged demand for money, disclosed the offence of extortion, or were instead connected with the petitioners’ claim for compensation arising from the electrocution death.

The Court exercised its inherent jurisdiction under Section 482 of the Code of Criminal Procedure to prevent abuse of the process of the Court and secure the ends of justice.

Relying on Gian Singh v. State of Punjab, (2012) 10 SCC 303, the Court held that proceedings involving predominantly private disputes may be quashed after settlement where the offences are not heinous and do not have serious consequences for society at large.

Relying also on Narinder Singh v. State of Punjab, (2014) 6 SCC 466, and State of Punjab v. Avtar Singh & Ors., 2026 INSC 934, the Court recognised that even non-compoundable proceedings may be quashed on the basis of a genuine settlement where continuation would amount to an abuse of process and quashing would secure the ends of justice.

The substantive allegations arose under Sections 341, 342, 353 and 384 read with Section 34 IPC.

The Court considered the parties’ joint compromise, the restoration of their relations, and their expressed intention not to pursue the respective cases.

It also found that the present FIR appeared to have been lodged as a counterblast to the earlier FIR concerning the electrocution death and that the petitioners were, at best, seeking compensation for that death; accordingly, the allegation of extortion was not found to be made out in the circumstances.

Applying the principles in Gian Singh, Narinder Singh and Avtar Singh, the Court concluded that the dispute was essentially personal, the alleged offences did not warrant continuation in view of the settlement, and further prosecution would serve no meaningful purpose but would constitute an abuse of the process of the Court.

It held that, in light of the compromise and the circumstances indicating a counterblast prosecution, continuation of the proceedings would amount to an abuse of process.

The cognizance order dated 15 February 2022 passed by the Chief Judicial Magistrate, Darbhanga, in Sadar P.S. Case No. 38 of 2021, together with all consequential prosecution against the petitioners, was quashed under Section 482 CrPC.

The criminal miscellaneous application was accordingly allowed.