Patna High Court
Niranjan Singh @ Niranjan KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SOURENDRA PANDEY
Holding
The High Court quashed the FIR, holding that the settlement between the parties made continuation of the criminal proceedings an abuse of process, and exercised its power under Section 482 CrPC to do so.
Summary
The petitioners, three villagers, sought quashing of FIR No. 37/2022 filed under multiple IPC sections, the Arms Act and the SC/ST Act, alleging that the case stemmed from a dispute during Saraswati Puja and was false and concocted. They claimed no charge‑sheet had been filed, they were granted bail, and a compromise was executed on 19‑07‑2023 before the Special Court under the SC/ST Act. Relying on Supreme Court precedents that allow quashing when parties have settled even non‑compoundable offences, they argued that continuation of the criminal proceeding would be an abuse of process. The High Court, invoking its power under Section 482 of the CrPC and guided by Naushey Ali (2025) 4 SCC 78 and Narinder Singh (2014) 6 SCC 466, held that the settlement rendered the trial futile and ordered the FIR to be quashed. The application was allowed, effectively disposing of the criminal proceedings against the petitioners.
Issues considered
- Whether the High Court can quash an FIR involving non‑compoundable offences under Section 482 CrPC when the parties have reached a settlement.
- Whether continuation of the criminal proceedings would constitute an abuse of the process of law.
- Whether the settlement entered into between the parties is sufficient to justify quashing despite the seriousness of the alleged offences.
Legislation cited
- Arms Act — s. 27
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 323, 34, 341, 379, 452, 504
- SC/ST (Prevention of Atrocities) Act — s. 3(1)(r)(s)
Subjects
- quash
- Section 482 CrPC
- settlement
- non‑compoundable offence
- abuse of process
- SC/ST Act
- compromise
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13683 of 2024
Arising Out of PS. Case No.-37 Year-2022 Thana- PALIGANJ District- Patna
======================================================
1. Niranjan Singh @ Niranjan Kumar Son of Ramadhar Singh @ Ramadhar
Prasad Azad Resident of Village- Dhibri, P.S.- Paliganj, District-Patna
2. Love Kumar @ Love Singh Son of Sri Arvind Singh Resident of Village-
Dhibri, P.S.- Paliganj, District-Patna
3. Tinku Kumar @ Abhishek Raj Son of Sidheshwar Singh Resident of
Village- Dhibri, P.S.- Paliganj, District-Patna
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. Gori Kunwar D/o Late Rajnandan Manjhi Resident of Village- Dhibri, P.S.-
Paliganj, District-Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjay Prasad, Adv.
For the Opposite Party/s : Mr. Keshab Raj, Adv.
Ms. Monika Singh, Adv.
For the State : Ms.Usha Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL JUDGMENT
Date : 05-02-2026
Heard learned counsel for the petitioners, learned
counsel appearing on behalf of the O.P. No. 2 and learned A.P.P.
for the State.
2. The petitioners have made the following prayer in
this application :-
“That this is an application for quashing
of F.I.R. bearing Paliganj P.S. Case No.
37/22 u/s 341, 323, 379, 452, 504 and 34
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of the IPC, u/s 27 of the Arms Act and u/s
3(1)(r)(s) of the SC/ST against the
petitioners.”
3. The allegation against the petitioners in the F.I.R.,
is that on the occasion of Saraswati Puja while the villagers
were preparing for idol immersion and some persons were
playing music, the named accused persons asked to stop playing
of such music upon which the accused persons said to have fired
and abused by taking caste name and then fled away.
4. Learned counsel for the petitioners have prayed for
quashing of the F.I.R. bearing Paliganj P.S. Case No. 37/2022
u/s 341, 323, 379, 452, 504 and 34 of the IPC, u/s 27 of the
Arms Act and u/s 3(1)(r)(s) of the SC/ST against the petitioners.
It has further been submitted that the present case is a false and
concocted case and filed only to settle personal score and no
such incident as alleged has occurred. It has further been
submitted that till date, the charge-sheet has not been submitted
against the petitioners. It has further been submitted that looking
at the falsity of the case, the petitioners were granted bail and
subsequently the parties have also entered into compromise
dated 19.07.2023 and petition to such effect was filed before the
learned Special Court SC/ST Act, Patna. It has further been
submitted by the learned counsel for the petitioners that in view
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of such development, the continuation of the criminal
proceeding would amount to abuse of the process of law and the
entire exercise would be futile. It has next been submitted that in
such cases where the offences are personal in nature and it does
not shake the public conscience at large and the matter are
compromised even the Hon’ble Supreme Court has opined that
such cases may be quashed.
5. Taking into account and the compromise entered
between the parties even though the offences are not
compoundable. The Hon’ble Supreme Court in the case of
Naushey Ali and Ors. vs. State of Uttar Pradesh and Anr.
Reported in (2025) 4 SCC 78 has observed that in a case where
the parties have amicably settled their dispute, the proceeding
with the trial would be futile and it would be a grave abuse of
process of law if the proceedings are not quashed. The High
Court is competent to go ahead and quash the entire proceedings
irrespective of the fact that the allegations are serious in nature
and non compoundable.
6. Having heard the learned counsel for the
petitioners, learned counsel for the O.P. No. 2 as well as learned
APP for the State, this Court is reminded of the various judicial
pronouncements made by the Hon’ble Supreme Court and one
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passed in the case of Narinder Singh and Ors. vs. State of
Punjab and Anr reported in (2014) 6 SCC 466, wherein the
Hon’ble Supreme Court has given the guidelines and 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 of the Cr.P.C., while
accepting the settlement and quashing the proceedings or in the
alternative refusing to accept the settlement with direction to
continue with the criminal proceedings. The Hon’ble Supreme
Court further elaborated that when the parties have reached the
settlement and on that basis petition for quashing the criminal
proceeding is filed, the guiding factor in such cases would be to
secure:
(I) ends of justice,
(II) to prevent abuse of the process of any court.
7. The Hon’ble Supreme Court in paragraph 29.4
observed as under:
“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.”
8. In view of the aforesaid settled proposition of law,
the continuation of the criminal proceedings between the parties
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would amount to abuse of the process of law and as such the
FIR bearing Paliganj P.S. Case No. 37 of 2022, is, hereby,
quashed as against the petitioners.
9. The application stands allowed.
(Sourendra Pandey, J)
Gautam/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 10.02.2026
Transmission Date 10.02.2026
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