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Patna High Court

Anuj GuptaversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The FIR is quashed as the parties have settled the dispute and the offences are compoundable, warranting the exercise of the Court's power under Section 482 CrPC.

Summary

The petitioners sought quashing of FIR No. 54 of 2024 registered at Jamui Police Station for alleged offences under Sections 406, 420, 379 and 411 IPC. The parties had settled the dispute amicably without coercion and executed a settlement agreement, and the petitioners moved the High Court for relief. The learned counsel relied on Supreme Court judgment (2014 SCC 466) emphasizing that the timing of settlement is crucial when exercising power under Section 482 of the CrPC. The Court noted that the offences are compoundable and the matter was still at the investigation stage, allowing benevolent exercise of its jurisdiction. Accordingly, the Court quashed the FIR in the interest of justice.

Issues considered

  • Whether a High Court may quash an FIR under Section 482 CrPC when the parties have reached a settlement and the offences are compoundable.
  • Whether the timing of the settlement (post‑FIR but pre‑charge‑sheet) permits the Court to exercise its inherent power to dismiss the criminal proceeding.

Legislation cited

Subjects

  • quash
  • FIR
  • settlement
  • compoundable offence
  • Section 482 CrPC
  • IPC Sections 406, 420, 379, 411
  • high court jurisdiction

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17282 of 2024
                          Arising Out of PS. Case No.-54 Year-2024 Thana- JAMUI District- Jamui
                 ======================================================
           1.     Anuj Gupta S/o Sh. Rajeev Gupta R/o House No. 602, Sector 6, Panchkula,
                  P.S. - Panchkula, P.S. - Sector 5, Panchkula, District - Panchkula, Haryana
           2.    Sanjeev Aggarwal S/o Sh. Vinod Aggarwal R/o House No. 874, P.S. - Sector
                 7, Panchkula, District - Panchkula, Haryana
           3.    Ravi Mann S/o Sh. Bal Raj R/o Prahladpur Bangar, Sector 31, Rohini, New
                 Delhi, P.S. - Shahbad Dairy, Dist. - Delhi - 110042

                                                                                    ... ... Petitioner/s
                                                         Versus
           1.    The State of Bihar
           2.    Pankaj Kumar S/o Rameshwar Prasad Singh Director, M/s Universal Agro
                 Corporation Limited, Vill - Simha, P.S. - Matihani, Dist. - Begusarai,
                 registered office at Shashi Palace, Ramkrishan Nagar, Hemra Road, Ward
                 No. 19, Begusarai, Bihar - 851101

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Ms. Shrishti Singh, Advocate
                                                   Mr. Pranav Kumar, Advocate
                                                   Mr. Saurabh Sundar, Advocate
                 For the Opposite Party/s :        Mr. Harendra Prasad, APP
                 For the O.P. No.2        :        Mr. Rohit Raj, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

3   14-05-2026                   Heard Ms. Shrishti Singh, learned counsel for the

                   petitioners and Mr. Harendra Prasad, learned Additional Public

                   Prosecutor for the State as well as Mr. Rohit Raj, learned

                   counsel for Opposite Party No.2.

                                 2. This application has been filed for quashing of the

                   FIR bearing Jamui P.S. Case No. 54 of 2024 dated 27.01.2024

                   registered for the offences against the petitioners under Sections

                   406, 420, 379 and 411 of the Indian Penal Code.
Patna High Court CR. MISC. No.17282 of 2024(3) dt.14-05-2026
                                            2/3




                       3. Learned counsels have jointly submitted that the

          parties have settled their dispute outside the Court without

          threat, coercion or promise and a settlement agreement has been

          arrived at between the parties and as per the settlement

          agreement, they have decided that the parties will move the

          Hon’ble High Court for quashing of the FIR.

                       4. Learned counsel for the petitioners has relied upon

          the judgment reported in 2014 volume 6 Supreme Court

          Cases 466 and draws the attention of the Court towards para

          29.7 which is quoted hereinbelow:-

                                              “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
           Patna High Court CR. MISC. No.17282 of 2024(3) dt.14-05-2026
                                                       3/3




                                             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.”

                                  5. In view of settlement between the parties and the

                     offences being compoundable one, in the interest of justice FIR

                     bearing Jamui P.S. Case No. 54 of 2024 dated 27.01.2024, is

                     hereby quashed.



                                                (Praveen Kumar, J)
shivam/-

U      T


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