RANCHI, India, Jan. 8 -- Jharkhand High Court issued the following order on Dec. 8:

1. Heard the parties.

2. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure with the prayer to quash the entire criminal proceeding including the order taking cognizance dated 04.06.2019 passed by the learned Judicial Magistrate-1st Class, Bokaro in Complaint Case No. 952 of 2018 registered for the offences punishable under Sections 498A, 323, 324, 504, 506 of the Indian Penal Code and the 3, 4 of the D.P. Act.

3. Learned counsel for the petitioners and the learned counsel for the informant-opposite party No.2 jointly draw attention of this Court towards I.A. No.1259 of 2022 which is supported by the separate affidavits of the petitioners as well as the informant-opposite party No.2 and submit that therein it has categorically been mentioned that there has been mediation between the parties and all the eight cases, going on between the parties including this case, has been settled between the parties, hence, the opposite party No.2 is not willing to continue with the prosecution against the petitioners. Learned counsel for the petitioners and learned counsel for the opposite party No.2-informant next submit that the dispute between the parties is a personal dispute relating to matrimonial discord and no public policy is involved in this case. It is further submitted that in view of the settlement between the parties, 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 is remote and bleak. Hence, it is submitted that the entire criminal proceeding including the order taking cognizance dated 04.06.2019 passed by the learned Judicial Magistrate-1st Class, Bokaro in Complaint Case No. 952 of 2018, be quashed and set aside.

4. Learned Addl.P.P. appearing for the State submits that in view of the compromise between the parties, the State has no objection to the prayer for quashing the entire criminal proceeding including the order taking cognizance dated 04.06.2019 passed by the learned Judicial Magistrate-1st Class, Bokaro in Complaint Case No. 952 of 2018.

5. Having heard the rival submissions made at the Bar and after carefully 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 Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur & Others vs. State of Gujarat & Another reported in (2017) 9 SCC 641, had the occasion to consider the jurisdiction of the High Court under Section 482 of Code of Criminal Procedure inter alia on the basis of compromise between the parties and has held in paragraph No.11 as under:-

"11. Section 482 is prefaced with an overriding provision. The statute saves the inherent power of the High Court, as a superior court, to make such orders as are necessary (i) to prevent an abuse of the process of any court; or (ii) otherwise to secure the ends of justice. In Gian Singh [Gian Singh v. State of Punjab, (2012) 10 SCC 303 : (2012) 4 SCC (Civ) 1188 : (2013) 1 SCC (Cri) 160 : (2012) 2 SCC (L&S) 988] a Bench of three learned Judges of this Court adverted to the body of precedent on the subject and laid down guiding principles which the High Court should consider in determining as to whether to quash an FIR or complaint in the exercise of the inherent jurisdiction.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=U%2BbhtlrLe2adAHN8Tz%2F1dw%2FGbS5h0Xqd17e3NcysRmHflJTekhH%2B4GnE4zc7B0Q4&caseno=Cr.M.P./1169/2020&cCode=1&cino=JHHC010096462020&state_code=7&appFlag=)

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