(2025:JHHC:30186 ) 1 Cr. M.P. No.2833 of 2025 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.2833 of 2025 ------ 1. Guddu Yadav @ Golu Yadav age 28 years old 2. Daroga Yadav age 31 years old Both are son of Sadhu Yadav, resident of village Jayprakash Nagar, Sakarogarh, P.O. & P.S., Sahibganj, District-Sahibganj … Petitioners Versus 1. The State of Jharkhand 2. Arjun Paswan son of late Ramkishun Paswan, resident of Kamaltola, Sakarogarh, P.O. & P.S.-Sahibganj, Dist.-Sahibganj … Opposite Parties ------ For the Petitioners : Mr. Sabyasanchi, Advocate Mr. Akash Kumar, Advocate For the State : Mr. Sunil Kumar Dubey, Addl.P.P. For the O.P. No.2 : Mr. Rakesh Kumar, Advocate ------ P R E S E N T HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY By the Court:- Heard the parties. 2. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 528 of the B.N.S.S. 2023 with a prayer to quash the First Information Report and subsequent criminal proceeding in connection with SC/ST Case No.03/2024 for the offence punishable under Sections 147, 148, 149, 323, 307, 341, 504 and 506 of the Indian Penal Code and Sections 3(1)(r)(s) of SC/St Act, passed by learned District & Sessions Judge-I, Sahibganj-cum-Special Judge SC/ST Act, Sahibganj. (2025:JHHC:30186 ) 2 Cr. M.P. No.2833 of 2025 3. Learned counsel for the petitioners files the interlocutory application which is kept on record. 4. Learned counsel for the petitioners and learned counsel for the opposite party No.2 jointly draw the attention of this Court towards Interlocutory Application No. 13608 of 2025, which is supported by the separate affidavits of the petitioner no.1 who is duly authorized by the petitioner no.2 as well as the informant of the case petitioner and the informant/opposite party No.2 and submit that therein it has categorically been mentioned that during the pendency of the case, the matter has been compromised and both have settled their dispute and the informant does not want to proceed with the case. It is further jointly submitted that the informant had given name of the petitioners in confusion but later on he came to know about the reality and then realized his mistake. 5. Learned counsel for the petitioners submits that in view of the compromise between the parties, the continuation of this criminal proceeding will amount to abuse of process of law; as in view of the compromise, the chance of conviction of the petitioners are remote and bleak. It is lastly submitted that the First Information Report and subsequent criminal proceeding in connection with SC/ST Case No.03/2024 which is now pending in the court of learned District & Sessions Judge-I, Sahibganj-cum-Special Judge SC/ST Act, Sahibganj be quashed and set aside. 6. Learned Addl.P.P. appearing for the State and learned counsel for the O.P. No.2 submit that in view of the compromise between the parties, the state has no objection for quashing and setting aside the First Information Report and subsequent criminal proceeding in connection with SC/ST Case (2025:JHHC:30186 ) 3 Cr. M.P. No.2833 of 2025 No.03/2024 which is now pending in the court of learned District & Sessions Judge-I, Sahibganj-cum-Special Judge SC/ST Act, Sahibganj. 7. Having heard the rival submissions made at the Bar and after going through the materials available in the record, it is pertinent to mention here that the Hon’ble Supreme Court of India in the case of Narinder Singh and Others vs. State of Punjab & Another reported in (2014) 6 SCC 466, in paragraph 29, has laid down the principles by which, the high court would be guided in giving adequate treatment to the settlement between the parties, and exercising its power under Section 482 Cr.P.C. while accepting the settlement and quashing the proceedings which, reads as under: “29. In view of the aforesaid discussion, we sum up and lay down the following principles by which the High Court would be guided in giving adequate treatment to the settlement between the parties and exercising its power under Section 482 of the Code while accepting the settlement and quashing the proceedings or refusing to accept the settlement with direction to continue with the criminal proceedings: 29.1. Power conferred under Section 482 of the Code is to be distinguished from the power which lies in the Court to compound the offences under Section 320 of the Code. No doubt, under Section 482 of the Code, the High Court has inherent power to quash the criminal proceedings even in those cases which are not compoundable, where the parties have settled the matter between themselves. However, this power is to be exercised sparingly and with caution. 29.2. When the parties have reached the settlement and on that basis petition for quashing the criminal proceedings is filed, the guiding factor in such cases would be to secure: (i) ends of justice, or (ii) to prevent abuse of the process of any court. While exercising the power the High Court is to form an opinion on either of the aforesaid two objectives. 29.3. Such a power is not to be exercised in those prosecutions which involve heinous and serious offences of mental depravity or offences like murder, rape, dacoity, etc. Such offences are not private in nature and have a serious impact on society. Similarly, for the offences alleged to have been committed under special statute like the Prevention of Corruption Act or the offences committed by public servants while working in that capacity are not to be quashed merely on the basis of compromise between the victim and the offender. 29.4. On the other hand, those criminal cases having overwhelmingly and predominantly civil character, particularly those arising out of commercial transactions or arising out of matrimonial relationship or family disputes should be quashed when the parties have resolved their entire disputes among themselves. (2025:JHHC:30186 ) 4 Cr. M.P. No.2833 of 2025 29.5. While exercising its powers, the High Court is to examine as to whether the possibility of conviction is remote and bleak and continuation of criminal cases would put the accused to great oppression and prejudice and extreme injustice would be caused to him by not quashing the criminal cases. 29.6. Offences under Section 307 IPC would fall in the category of heinous and serious offences and therefore are to be generally treated as crime against the society and not against the individual alone. However, the High Court would not rest its decision merely because there is a mention of Section 307 IPC in the FIR or the charge is framed under this provision. It would be open to the High Court to examine as to whether incorporation of Section 307 IPC is there for the sake of it or the prosecution has collected sufficient evidence, which if proved, would lead to proving the charge under Section 307 IPC. For this purpose, it would be open to the High Court to go by the nature of injury sustained, whether such injury is inflicted on the vital/delicate parts of the body, nature of weapons used, etc. Medical report in respect of injuries suffered by the victim can generally be the guiding factor. On the basis of this prima facie analysis, the High Court can examine as to whether there is a strong possibility of conviction or the chances of conviction are remote and bleak. In the former case it can refuse to accept the settlement and quash the criminal proceedings whereas in the latter case it would be permissible for the High Court to accept the plea compounding the offence based on complete settlement between the parties. At this stage, the Court can also be swayed by the fact that the settlement between the parties is going to result in harmony between them which may improve their future relationship. 29.7. While deciding whether to exercise its power under Section 482 of the Code or not, timings of settlement play a crucial role. Those cases where the settlement is arrived at immediately after the alleged commission of offence and the matter is still under investigation, the High Court may be liberal in accepting the settlement to quash the criminal proceedings/investigation. It is because of the reason that at this stage the investigation is still on and even the charge-sheet has not been filed. Likewise, those cases where the charge is framed but the evidence is yet to start or the evidence is still at infancy stage, the High Court can show benevolence in exercising its powers favourably, but after prima facie assessment of the circumstances/material mentioned above. On the other hand, where the prosecution evidence is almost complete or after the conclusion of the evidence the matter is at the stage of argument, normally the High Court should refrain from exercising its power under Section 482 of the Code, as in such cases the trial court would be in a position to decide the case finally on merits and to come to a conclusion as to whether the offence under Section 307 IPC is committed or not. Similarly, in those cases where the conviction is already recorded by the trial court and the matter is at the appellate stage before the High Court, mere compromise between the parties would not be a ground to accept the same resulting in acquittal of the offender who has already been convicted by the trial court. Here charge is proved under Section 307 IPC and conviction is already recorded of a heinous crime and, therefore, there is no question of sparing a convict found guilty of such a crime.” (Emphasis supplied) 8. Because of the complete settlement between the offender and the victim, the possibility of conviction of the petitioners is remote and bleak and continuation of the criminal case would put the petitioners to great oppression (2025:JHHC:30186 ) 5 Cr. M.P. No.2833 of 2025 and prejudice and extreme injustice would be caused to him by not quashing the criminal case despite full and complete settlement and compromise with the victim. 9. Hence, this Court is of the considered view that this is a fit case where the First Information Report and subsequent criminal proceeding in connection with SC/ST Case No.03/2024 which is now pending in the court of learned District & Sessions Judge-I, Sahibganj-cum-Special Judge SC/ST Act, Sahibganj as prayed for by the petitioners, be quashed and set aside. 10. Accordingly, the First Information Report and subsequent criminal proceeding in connection with SC/ST Case No.03/2024 which is now pending in the court of learned District & Sessions Judge-I, Sahibganj-cum-Special Judge SC/ST Act, Sahibganj is quashed and set aside against the petitioners. 11. In the result, this Cr.M.P. stands allowed. 12. In view of disposal of the instant Cr.M.P., I.A. No.13608 of 2025 stands disposed of accordingly. (Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated the 25th of September, 2025 AFR/ Rohit