Non-Compoundable Criminal Case May Be Quashed On Settlement If No "Societal Interest" Is Involved: Jharkhand High Court

Referring to precedents set by the Supreme Court, the Jharkhand High Court reiterated that criminal cases which are not compoundable may be quashed, if: (i) the parties have settled the matter between themselves, (ii) there is no chance of conviction and (iii) there is no societal interest involved.

Justice Sanjay Kumar Dwivedi referred to the case of Narinder Singh & Ors v. State of Punjab & Anr., (2014) 6 SCC 466, in disposing off the petition filed for quashing the entire criminal proceeding and order passed by the CJM, Dhanbad taking cognizance of offences under Sections 498-A, 341, 323, 505, 506/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

"In view of settlement between the parties, whether it would be unfair or contrary to interest of justice to continue with the criminal proceedings and whether possibility of conviction is remote and bleak. If the Court finds the answer to this question in affirmative, then also such a case would be a fit case for the High Court to give its stamp of approval to the compromise arrived at between the parties," it was held therein.

The bench also referred to the case of Gian Singh v. State of Punjab & Anr. where the Supreme Court had also conceded about the quashing of the case in terms of the settled arrival between the parties.

Advocate Shailesh, appearing for the petitioner, argued that it was a marital dispute where now both the parties had entered into a compromise and closed all cases filed against each other.

Special Public Prosecutor Prabhu Dayal Agrawal submitted that it is well within the domain of this Court to quash the proceeding if the Court is satisfied that the settlement is carried out and no societal interest is involved therein.

In view of the aforesaid facts and considering the settlement arrived at between the parties and that there is no societal interest involved in the case, the High Court quashed entire criminal proceedings.

Case Title: Md. Irshad Hussain & Ors v. The State of Jharkhand & Anr.

Citation: 2022 LiveLaw (Jha) 47

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