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Patna High Court

Dinendranath MowarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The High Court quashed the FIR, holding that the settlement and the civil nature of the dispute justified the exercise of inherent jurisdiction under Section 482 Cr.P.C. to dismiss the criminal proceedings.

Summary

The petitioners, Dinendranath Mowar and Mritunjay Mowar, sought to quash an FIR registered under sections 109, 351(2) and 3(5) of the B.N.S. after they entered into a compromise with the informant, who is their relative. The compromise was filed before the trial court, and the petitioners argued that the dispute was a personal family rivalry without public interest. The High Court examined the Supreme Court’s guidelines on the exercise of inherent power under Section 482 of the Cr.P.C., particularly the cases of Narinder Singh v. State of Punjab, Gian Singh v. State of Punjab and Naushey Ali v. State of Uttar Pradesh. It held that where parties have amicably settled a dispute that is essentially civil or family in nature, quashing the criminal proceeding serves the ends of justice and prevents abuse of process. Accordingly, the Court quashed the FIR and allowed the petition.

Issues considered

  • Whether a settlement between parties in a family dispute warrants quashing of criminal proceedings under Section 482 Cr.P.C.
  • Whether the offences alleged under sections 109, 351(2) and 3(5) of the B.N.S. are of a civil character such that the trial would be futile.
  • Whether quashing the FIR would serve the ends of justice and prevent abuse of the court process.

Legislation cited

Subjects

  • quash
  • settlement
  • inherent jurisdiction
  • Section 482 CrPC
  • family dispute
  • abuse of process
  • ends of justice

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.45062 of 2025
                       Arising Out of PS. Case No.-24 Year-2025 Thana- MANIHARI District- Katihar
                 ======================================================
           1.     Dinendranath Mowar S/o- Late Harendra Mowar R/V- Bhagwati Sthan Ward
                  No- 5 PS- Manihari Dist-Katihar
           2.    Mritunjay Mowar @ Gagan Kumar Mowar s/o- Dinendranath Mowar R/V-
                 Bhagwati Sthan Ward No- 5 PS- Manihari Dist-Katihar

                                                                                   ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar
           2.    Prakash Mowar S/o- Gorendranath Mowar R/V- Bhagwati Sthan Ward No- 5
                 PS- Manihari Dist-Katihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Ms.Priyanka Singh, Adovcate
                 For the Opposite Party/s :        Mr.Gauri Shankar Gupta, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                       ORAL ORDER

3   05-02-2026                     Heard the learned counsel for the parties.

                                2. The present application has been filed for quashing

                   the F.I.R. being Manihari P.S. Case No. 24 of 2025 dated

                   30.01.2025 lodged against the petitioners for the offences under

                   sections 109, 351(2), and 3(5) of the B.N.S.

                                3. At the outset, learned counsel for the respective

                   parties submitted that the parties have entered into a

                   compromise and a petition to such effect has been filed before

                   the learned trial court.

                                4. It has been submitted by the learned counsel for the

                   parties that good sense has prevailed and the parties have
Patna High Court CR. MISC. No.45062 of 2025(3) dt.05-02-2026
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          entered into compromise on the fact that the petitioners are the

          own agnates being the uncle and cousin of the informant. It has

          further been submitted that in view of the fact that this was a

          personal rivalry which has led to lodging of the F.I.R. and it

          does not shake the public conscience, as far as the offences

          alleged are concerned.

                       5. It has next been submitted that in view of the

          settled principle of law as decided by the Hon'ble Supreme

          Court 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 all in the

          alternative refusing to accept the settlement which 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,
Patna High Court CR. MISC. No.45062 of 2025(3) dt.05-02-2026
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                                               (II) to prevent abuse of the process

                                  of any court.

                                               10. 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.”

                        6. In the case of Gian Singh vs. State of Punjab

          reported in (2012) 10 SCC 303, the Hon’ble Supreme Court has

          held that the High Court invoking its inherent power may quash

          the criminal proceedings if it is satisfied that on the face of such

          settlement, there is hardly any likelihood of the offender being

          convicted and if the criminal proceedings are not quashed,

          justice shall be casualty and ends of justice shall be defeated.

                       7. 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.
           Patna High Court CR. MISC. No.45062 of 2025(3) dt.05-02-2026
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                                  8. In view of the aforesaid judicial pronouncements

                     and settled principle of law, the F.I.R arising out of Manihari

                     P.S. Case No. 24 of 2025 for the offences under sections 109,

                     351(2), and 3(5) of the B.N.S. is hereby quashed.

                                  9. Accordingly, the present application stands

                     allowed.



                                              (Sourendra Pandey, J)
aditya/-

U


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