Quashing of non-heinous criminal proceedings based on compromise to prevent abuse of judicial process.

The petitioners, Kunal Singh and Chetan Kumar Singh, sought the quashing of the entire criminal proceeding in Jorapokhar P.S. Case No. 165 of 2020 (G.R. No. 2431 of 2021), including the charge-sheet, the cognizance order dated 28.09.2021, and the non-bailable warrant issued on 11.12.2025.

The case was pending before the J.M.-1st Class, Dhanbad.

Charges had not yet been framed.

During the pendency of the petition, the parties filed Interlocutory Application No. 6680 of 2026, supported by affidavits, stating that they had amicably settled their dispute outside of court via a joint compromise petition.

1. Whether the High Court should exercise its inherent power to quash a criminal proceeding when the parties have reached a compromise in a dispute that is private or civil in nature.

2. Whether the continuation of the criminal proceeding after a settlement would constitute an abuse of the process of law.

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

While heinous crimes cannot be quashed based on compromise, cases with an "overwhelmingly and predominatingly civil flavour" or personal disputes can be quashed if the possibility of conviction is remote and continuation would cause extreme injustice. [Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur & Others vs. State of Gujarat & Another (2017) 9 SCC 641]

The Court examined the nature of the allegations and noted that the offences involved were neither heinous nor characterized by mental depravity, but rather stemmed from a private dispute.

The Court observed that the parties had voluntarily entered into a settlement and filed a joint compromise petition.

Applying the Parbatbhai Aahir test, the Court reasoned that because of this complete settlement, the chances of a successful conviction were "remote and bleak".

Consequently, requiring the petitioners to undergo a trial despite the informant’s lack of desire to prosecute would subject them to unnecessary oppression and prejudice, thus amounting to an abuse of the judicial process.

The Court allowed the petition and quashed the entire criminal proceeding of Jorapokhar P.S. Case No. 165 of 2020, including the charge-sheet, the cognizance order dated 28.09.2021, and the warrant dated 11.12.2025.

I.A. No. 6680 of 2026 was also disposed of in light of the settlement.