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Patna High Court

Sandeep Kumar YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The High Court may quash criminal proceedings under Section 482 CrPC even for non‑compoundable offences where the parties have settled and the prospect of conviction is remote.

Summary

Sandeep Kumar Yadav filed an application to quash the cognizance order dated 14‑11‑2024 for offences under IPC sections 376, 420, 313, 379, 323 and the Dowry Prohibition Act, alleging that the matter arose from a broken love relationship and that both parties have now settled their dispute through a mutual compromise deed. The informant, Priya Kumari, withdrew the FIR and was declared hostile, offering no support to the prosecution. The High Court examined its inherent power under Section 482 of the CrPC to quash proceedings even for non‑compoundable offences when the parties have resolved the dispute and the likelihood of conviction is remote. Relying on Supreme Court precedents (B.S. Joshi, Gian Singh, Shiji @ Pappu, Narinder Singh) the Court held that the nature of the offences—primarily matrimonial/family‑dispute‑related—permits the exercise of this power. Consequently, the order taking cognizance was set aside and the criminal proceeding was quashed.

Issues considered

  • Whether the High Court can quash criminal proceedings for non‑compoundable offences under Section 482 CrPC when the parties have reached a settlement.
  • Whether the compromise and the hostile stance of the informant render continuation of the trial futile.
  • Whether the nature of the offences (dowry‑related and family dispute) allows the exercise of inherent jurisdiction to quash the case.

Legislation cited

Subjects

  • quash
  • Section 482
  • non‑compoundable offences
  • dowry prohibition
  • settlement
  • compromise
  • high court jurisdiction
  • criminal procedure
  • IPC offences
  • hostile witness

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  CRIMINAL MISCELLANEOUS No.25432 of 2025

      Arising Out of PS. Case No.-30 Year-2024 Thana- MAHILA P.S District- West Champaran
     ======================================================
     Sandeep Kumar Yadav S/O Yogendra Yadav R/O Village- Deora, P.S-
     Babubarhi, Dis.- Madhubani.

                                                                       ... ... Petitioner/s
                                           Versus
1.   The State of Bihar
2.   Priya Kumari D/O Birendra Prasad Singh R/O Bankerva. P.S- Parasa, Distt.-
     Saran. Also at Plus 2 Rajkiya Anusuchit Janjati Awasiya Balika Ucch
     Vidayalaya, Ghamora, P.S- Sahodar, Distt.-West Champaran.

                                            ... ... Opposite Party/s
     ======================================================
     Appearance :
     For the Petitioner/s     :       Mr. Dhananjay Kumar, Advocate
     For the Opposite Party/s :       Mr. Syed Ehteshamuddin, APP
     For the O.P. No. 2       :       Mr. Anish Kumar, Advocate
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
     ORAL JUDGMENT
      Date : 22-01-2026
              Heard learned counsel for the petitioner, O.P. No. 2 and

     the learned APP for the State.

                  2. This is an application for quashing the cognizance

     order dated 14.11.2024 passed by the learned Additional Chief

     Judicial Magistrate-VI, West Champaran, Bettiah in connection

     with Mahila P.S. Case No. 30 of 2024 dated 01.07.2024 bearing

     G.R. No. 2809 of 2024, whereby cognizance for the offences

     punishable under Sections 376, 420, 313, 379 and 323 of the

     Indian Penal Code read with Section 3/4 of the Dowry Prohibition
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       Act has been taken against the petitioner pending in the court

       learned Sub-Divisional Judicial Magistrate, Bettiah.

                    3. Learned counsel for the petitioner submits that the

       petitioner and O.P. No. 2 were in love and the petitioner had

       accepted to marry the informant but on being influenced by other

       persons, the informant/O.P. No. 2 lodged the present FIR. It has

       been submitted that the police mechanically submitted charge-

       sheet and even the learned trial court took cognizance for the

       offences under Sections 376, 420, 313, 379 and 323 of the Indian

       Penal Code read with Section 3/4 of the Dowry Prohibition Act by

       order dated 14.11.2024, which has been impugned through the

       present application.

                    4. Learned counsel for the petitioner submits that the

       informant and the petitioner have settled their dispute and no

       grievance is left against each other and both the side have mutually

       filed a compromise deed on 04.02.2025 before the learned trial

       court which has been brought on record by way of Annexure-P-3.

       Learned counsel referring to the said compromise petition has

       pointed out towards paragraphs 5, 6 and 7 which are hereunder:

                                             “5. Whereas efforts and attempts were made
                                by the friends and elders as well as the respectable
                                people of the society thereby clarifying all the bonafide
                                mistakes, misunderstandings between the parties. The
                                Second Party has thus agreed to withdra the FIR made
                                against the First Party and the parties shall make
                                statements before the court or police authorities in this
                                respect as and when required.
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                                             6. Whereas Second Party undertakes to
                                withdraw the FIR Bettiah Mahila P.S. case no. 30/2024.
                                             7. Whereas All the disputes between the
                                parties stands finally resolved and there is no ill will or
                                complaint against each other in any manner.”

                    5. Learned counsel for the petitioner further submits

       that, in fact, in the same compromise petition in paragraph-10 it

       was also decided that any complaint by the parties against each

       other shall stand withdrawn, cancelled or revoked finally after

       signing of the mutual compromise deed.

                    6. Learned counsel for the O.P. No. 2 does not dispute

       the factum of compromise entered between the parties and, in fact,

       has gone on to add that the O.P. No. 2 was even examined as P.W.

       1 in the trial, wherein she has categorically stated that no physical

       relationship between the petitioner and the informant had been

       established and, in fact, she wanted to marry with the petitioner

       however the parents of the petitioner were not ready for the same.

       The O.P. No. 2 was declared hostile at the request of the

       prosecution and thereafter, the prosecution had cross-examined her

       wherein she has categorically stated that she had no physical

       relationship with the petitioner and no assault was committed by

       the petitioner and there is no obscene video clip of her along with

       the petitioner.

                    7. Learned counsel on behalf of the O.P. No. 2 has

       submitted that now no dispute remains between the parties and the
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       O.P. No. 2 does not object to the application of the petitioner,

       which has been filed primarily for quashing of the order taking

       cognizance.

                    8. Having heard learned counsel for the parties and upon

       perusal of the records it is clear that the parties have compromised

       and they do not want to pursue the matter further. It is evident

       from the deposition of O.P. No. 2 that she has not supported the

       prosecution case and was, in fact, declared hostile and therefore

       the result of the trial is a foregone conclusion.

                    9. The question which confronts this Court is with

       regard to quashing of a proceeding in a matter wherein non-

       compoundable offence is involved. The Hon’ble Supreme Court in

       the case of B.S. Joshi v. State of Haryana reported in (2003) 4

       SCC 675, has observed that Section 320 of the Cr.P.C. does not

       limit or control the powers vested in High Court under Section 482

       of the Cr.P.C. and the High Court is empowered to quash criminal

       proceedings/FIR,         even      if     non-compoundable   offences   are

       involved.

                    10. The Hon’ble Supreme Court while dealing with

       powers of the High Court to quash criminal proceedings under

       Section 482 of the Cr.P.C. in the case of Gian Singh v. State of
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       Punjab reported in (2012) 10 SCC 303, in paragraph-61 has

       observed as under:

                                              “61. The position that emerges from the
                                above discussion can be summarised thus : the power of
                                the High Court in quashing a criminal proceeding or FIR
                                or complaint in exercise of its inherent jurisdiction is
                                distinct and different from the power given to a criminal
                                court for compounding the offences under Section 320 of
                                the Code. Inherent power is of wide plenitude with no
                                statutory limitation but it has to be exercised in accord
                                with the guideline engrafted in such power viz. : (i) to
                                secure the ends of justice, or (ii) to prevent abuse of the
                                process of any court. In what cases power to quash the
                                criminal proceeding or complaint or FIR may be
                                exercised where the offender and the victim have settled
                                their dispute would depend on the facts and
                                circumstances of each case and no category can be
                                prescribed. However, before exercise of such power, the
                                High Court must have due regard to the nature and
                                gravity of the crime. Heinous and serious offences of
                                mental depravity or offences like murder, rape, dacoity,
                                etc. cannot be fittingly quashed even though the victim or
                                victim's family and the offender have settled the dispute.
                                Such offences are not private in nature and have a serious
                                impact on society. Similarly, any compromise between the
                                victim and the offender in relation to the offences under
                                special statutes like the Prevention of Corruption Act or
                                the offences committed by public servants while working
                                in that capacity, etc.; cannot provide for any basis for
                                quashing criminal proceedings involving such offences.
                                But the criminal cases having overwhelmingly and
                                predominatingly civil flavour stand on a different footing
                                for the purposes of quashing, particularly the offences
                                arising from commercial, financial, mercantile, civil,
                                partnership or such like transactions or the offences
                                arising out of matrimony relating to dowry, etc. or the
                                family disputes where the wrong is basically private or
                                personal in nature and the parties have resolved their
                                entire dispute. In this category of cases, the High Court
                                may quash the criminal proceedings if in its view, because
                                of the compromise between the offender and the victim,
                                the possibility of conviction is remote and bleak and
                                continuation of the criminal case would put the accused
                                to great oppression and prejudice and extreme injustice
                                would be caused to him by not quashing the criminal case
                                despite full and complete settlement and compromise with
                                the victim. In other words, the High Court must consider
                                whether it would be unfair or contrary to the interest of
                                justice to continue with the criminal proceeding or
                                continuation of the criminal proceeding would
                                tantamount to abuse of process of law despite settlement
                                and compromise between the victim and the wrongdoer
                                and whether to secure the ends of justice, it is appropriate
                                that the criminal case is put to an end and if the answer to
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                                the above question(s) is in the affirmative, the High Court
                                shall be well within its jurisdiction to quash the criminal
                                proceeding.”

                    11. In Shiji @ Pappu and Ors. v. Radhika and Anr.

       Reported in (2011) 10 SCC 705, the Hon’ble Supreme Court has

       observed as under:

                                              “17. It is manifest that simply because an
                                offence is not compoundable under Section 320 IPC is by
                                itself no reason for the High Court to refuse exercise of its
                                power under Section 482 Cr.P.C. That power can in our
                                opinion be exercised in cases where there is no chance of
                                recording a conviction against the accused and the entire
                                exercise of a trial is destined to be an exercise in futility.
                                There is a subtle distinction between compounding of an
                                offence by the parties before the trial court or in appeal
                                on one hand and the exercise of power by the High Court
                                to quash the prosecution under Section 482 Cr.P.C. on the
                                other. While a Court trying an accused or hearing an
                                appeal against conviction, may not be competent to
                                permit compounding of an offences based on a settlement
                                arrived at between the parties in cases where the offences
                                are non-compoundable under Section 320, the High Court
                                may quash the prosecution even in cases where the
                                offences with which the accused stand charged are non-
                                compoundable. The inherent powers of the High Court
                                under Section 482 Cr.P.C. are not for that purpose
                                controlled by Section 320 Cr.P.C.”

                    12. This Court has earlier dealt with the judgment

       rendered by the Hon’ble Supreme Court in case of Narinder Singh

       and Ors. vs. State of Punjab and Anr reported in (2014) 6 SCC 466

       and has 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.”
                                             29.5. While exercising its powers, the High
                                Court is to examine as to whether the possibility of
                                conviction is remote and bleak and continuation of
                                criminal cases would put the accused to great oppression
                                and prejudice and extreme injustice would be caused to
                                him by not quashing the criminal cases.
                                             xxx
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                                              29.7. While deciding whether to exercise its
                                power under Section 482 of the Code or not, timings of
                                settlement plays 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 til 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 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...”

                    13. From the above, it would be evident that the High

       Court is not divested of its power in cases in which serious

       offences are alleged and are not compoundable. From the aforesaid

       judgments, it could be understood that where the parties have

       settled the differences between them and on account of such

       settlement, they are living in harmony and their mutual

       relationship has been restored, then the High Courts can exercise

       their extraordinary jurisdiction to quash such proceedings which

       would otherwise on reading aggravate the differences between the

       parties.

                    14. The aforesaid judgments, one more aspect comes to

       the mind that the informant having been declared hostile and her

       statement having not supported the case of the prosecution,

       whether the petitioner could be convicted any further? To the
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       understanding of this Court, to continue with the trial would be an

       effort in futility and no useful purpose would be served especially

       for the fact that there are very faint chances of any evidence

       further, which would go on to prove the guilt of the petitioner,

       once the informant of the case has not supported the factum of the

       incident. Thus, it is clear that in appropriate cases the Court can

       exercise its power under Section 482 of the Cr.P.C. to quash such

       proceedings in the interest of justice and lay to rest, the entire

       criminal proceedings.

                    15. This Court has already observed, hereinabove, that

       the parties have settled through a compromise and she does not

       want to take any further action against the petitioner and, in fact,

       from the compromise petition, it is evident that there is a clause

       that the criminal cases between the parties shall be withdrawn.

                    16. Considering the aforesaid facts and circumstances of

       the case, in the peculiar facts of the present case the application is

       allowed and the order taking cognizance dated 14.11.2024 passed

       by the learned Additional Chief Judicial Magistrate-VI, West

       Champaran, Bettiah arising out of Mahila P.S. Case No. 30 of

       2024 dated 01.07.2024 bearing G.R. No. 2809 of 2024, pending

       before the learned Sub-Divisional Judicial Magistrate, West
             Patna High Court CR. MISC. No.25432 of 2025 dt.22-01-2026
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                    Champaran at Bettiah, is set aside and the entire criminal

                    proceeding is, hereby, quashed.

                                 17. The application stands allowed.



                                                (Sourendra Pandey, J)
krishna/-
AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          28.01.2026
Transmission Date       28.01.2026


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