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Patna High Court

DURGA PRASADversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The High Court held that even non‑compoundable offences may be quashed under the inherent powers of the court under Section 482 CrPC when the dispute has been amicably settled.

Summary

Durga Prasad filed an application to quash the order dated 20‑08‑2020 of the Additional Chief Judicial Magistrate‑XIV, Patna, which had taken cognizance of offences under Sections 406 and 420 of the IPC and Section 138 of the Negotiable Instruments Act. The parties had resolved the commercial dispute through mediation, culminating in a settlement agreement dated 17‑10‑2025 where the petitioner agreed to pay Rs.6,50,000 to the opposite party No.2, who raised no objection to quashing. The court examined the inherent power under Section 482 of the CrPC to quash criminal proceedings even for non‑compoundable offences when the dispute is settled. Relying on Supreme Court precedents (Gian Singh v. State of Punjab, Naushey Ali v. State of U.P., Mange Ram v. State of Madhya Pradesh, and Suresh C. Singal & Ors. v. State of Gujarat), the court held that continuation of the trial would be futile and contrary to the ends of justice. Consequently, the order of the magistrate was quashed and the application was allowed.

Issues considered

  • Whether criminal proceedings for offences under Sections 406, 420 IPC and 138 NI Act can be quashed under Section 482 CrPC when the parties have reached a settlement.
  • Whether non‑compoundable offences may be quashed on the basis of an amicable settlement between victim and offender.

Legislation cited

Subjects

  • quash
  • Section 482 CrPC
  • non‑compoundable offence
  • settlement
  • mediation
  • criminal procedure
  • IPC 406
  • IPC 420
  • NI Act 138

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.10653 of 2021
                     Arising Out of PS. Case No.-83 Year-2020 Thana- GANDHIMAIDAN District- Patna
                  ======================================================
                  DURGA PRASAD Son of Siyalal Prasad Resident of Nakash Devi Asthan,
                  P.S.- Malsalami, District - Patna. (Office Address - Shree Radhe Krishan
                  Trading, Shitla Mata Mandir Road, P.S.- Agamkuan, District - Patna.)

                                                                                 ... ... Petitioner/s
                                                       Versus
            1.    The State of Bihar
            2.    Ashutosh Tekriwal Son of Anjan Kumar Tekriwal Resident of Sharda Sadan,
                  Kankarbagh, P.S.- Kankarbagh, District - Patna. (Present Address - M/s. Shri
                  Radhe Shyam Trading Company, Narayani Bhawan, Jamal Road, P.S.-
                  Gandhi Maidan, Patna).

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s   :        Mr.Sanjay Kumar, Advocate
                                                  Mr. Amresh Kumar, Advocate
                  For the State          :        Mr. Ram Priya Sharan Singh, Advocate
                  For the O.P. No.2      :        Mr. Sanjeev Kr. Mishra, Sr. Advocate
                                                  Ms. N. Jaisal, Advocate
                  ======================================================
                  CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                        ORAL ORDER

13   08-01-2026                   1. Heard Mr. Sanjay Kumar, learned counsel for the

                    petitioner, learned APP for the State and Mr. Sanjeev Kumar

                    Mishra, learned          Senior Advocate appearing on behalf of

                    opposite party no.2.

                                  2. The instant application has been filed for quashing

                    of order dated 20.08.2020 passed by the learned Addl. Chief

                    Judicial Magistrate-XIV, Patna, whereby and whereunder the

                    learned Magistrate took cognizance against the petitioner in

                    connection with Gandhi Maidan P.S. Case No. 83 of 2020,

                    registered for the offence under Sections 406 and 420 of IPC
Patna High Court CR. MISC. No.10653 of 2021(13) dt.08-01-2026
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          and Section 138 of N.I. Act

                       3. Learned counsel for the petitioner submits that

          earlier vide order dated 28.07.2025, the matter was sent to the

          Patna High Court, Mediation Center for reaching amicable

          settlement between the parties as the case involved issue of

          dispute over commercial transactions and a report of the

          Mediation Center is available on the record.

                       4. Upon mediation, a memorandum of agreement was

          reached between the parties in the Mediation Proceeding

          No.1104 of 2025 dated 17.10.2025 and a perusal of the same

          would indicate that parties have resolved their differences and

          the matter has been settled once and for all upon payment of

          amount of Rs.6,50,000/- (Rupees Six Lakhs Fifty Thousand

          Only) by the petitioner to the opposite party no.2.

                       5. Learned Senior counsel for the opposite party no.2

          does not raise any objection to the criminal proceedings being

          quashed.

                       6. The issue with regard to quashing of criminal

          proceedings with respect to offences which are private in nature

          and do not have serious impact on society, wherein the

          settlement/compromise has been reached between the victim

          and the offender, has been settled by various judicial
Patna High Court CR. MISC. No.10653 of 2021(13) dt.08-01-2026
                                            3/4




          pronouncements to the extent that even non-compoundable

          offence can be quashed by exercising the power under Section

          482 Cr.P.C. In the case of Gian Singh Vs. State of Punjab

          reported in (2012) 10 SCC 303, it had been held by the Hon’ble

          Supreme Court that if a dispute between the offender and the

          victim has been settled, although the offences are not

          compoundable, the same may be quashed by the High Court

          within the framework of inherent power upon coming to finding

          that continuation of such criminal proceedings would be an

          exercise in futility and justice in the case demands that the

          dispute between the parties is put to an end and peace is

          restored. The guiding fact is securing the ends of justice and by

          not quashing such criminal proceedings, justice itself shall be

          casuality and the ends of justice shall be defeated.

                       7. The above mentioned legal position has been

          reiterated in the case of Naushey Ali vs. State of U.P., reported

          in (2025) 4 SCC 78 wherein it has been observed that when the

          parties have amicably resolved the dispute, proceeding with the

          trial would be futile and the ends of justice require that the

          settlement be given effect to by quashing the proceedings. It

          would be a grave abuse of process of Court particularly when

          the dispute is settled and resolved.
              Patna High Court CR. MISC. No.10653 of 2021(13) dt.08-01-2026
                                                          4/4




                                        8. In a very recent judgment in the case of Mange

                        Ram Vs. State of Madhya Pradesh and Anr. [2025 INSC 962]

                        and also in case of Suresh C. Singal & Ors. Vs. State of

                        Gujarat & Ors. (Cr. Appeal No. 3862 of 2024), the Hon’ble

                        Supreme Court has observed that criminal proceedings in cases

                        involving an overwhelmingly civil character, arising out of a

                        purely private transaction, where the parties have amicably

                        resolved their dispute, ought not to be allowed to continue.

                                     9. Thus, taking into consideration the fact that the

                        matter has been settled between the parties and in view of the

                        judgments of         the Hon’ble Supreme Court as referred, the

                        application is allowed and order dated 20.08.2020 passed by the

                        learned Addl. Chief Judicial Magistrate-XIV, Patna in

                        connection with Gandhi Maidan P.S. Case No. 83 of 2020, are

                        hereby quashed.

                                     10. Accordingly, the instant application is allowed.


                                                  (Soni Shrivastava, J)

Harsh/-

U         T


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