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Patna High Court

Rashid Mallick @ Md Rashid HussainversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The High Court quashed the orders of cognizance and the criminal proceedings against the petitioners on the ground of a valid compromise settlement.

Summary

The petitioners, members of one branch of a family, were charged in two criminal cases arising from an altercation with a relative, Alam Mallick, involving offences under various sections of the IPC. They filed applications under the inherent jurisdiction of the High Court seeking quash of the orders of cognizance dated 25‑02‑2025. Both parties later entered into a compromise settlement, which was filed as annexure and affirmed by the opposite party. Relying on Supreme Court precedents that allow quashing of criminal proceedings when a genuine settlement resolves a civil‑family dispute and to prevent abuse of process, the Court examined the validity of the compromise. The Court held that the settlement was bona‑fide and that continuing the prosecutions would be futile. Consequently, the orders of cognizance and the entire criminal proceedings in both cases were quashed. Both applications were allowed.

Issues considered

  • Whether the High Court can quash criminal proceedings under Section 482 of the Cr.P.C. on the basis of a compromise settlement in a family dispute.
  • Whether the compromise is sufficient to prevent abuse of the judicial process and to secure the ends of justice.

Legislation cited

Subjects

  • quash
  • compromise settlement
  • Section 482
  • family dispute
  • criminal proceedings
  • inherent jurisdiction
  • abuse of process

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                CRIMINAL MISCELLANEOUS No.58110 of 2025
       Arising Out of PS. Case No.-31 Year-2024 Thana- PAKARIBARAW District- Nawada
     ======================================================
1.    Rashid Mallick @ Md Rashid Hussain, S/O Aurangzeb Mallick @
      Aurangzeeb R/O Vill.- Rais, P.S.- Pakaribarawan, Dist.- Nawada.
2.   Nazish Mallick, S/O Ekram R/O Vill.- Rais, P.S.- Pakaribarawan, Dist.-
     Nawada.
3.   Md. Kaif @ Md. Kaif Alam, S/O Irshad Alam R/O Vill.- Rais, P.S.-
     Pakaribarawan, Dist.- Nawada.
4.   Md. Zaid @ Md Zaid Alam, S/O Irshad Alam R/O Vill.- Rais, P.S.-
     Pakaribarawan, Dist.- Nawada.
5.   Humayun @ Humayun Akhtar @ Himayun, S/O Late Ainul Haque @ Md
     Aenamul Haque R/O Vill.- Rais, P.S.- Pakaribarawan, Dist.- Nawada.
6.   Jehangir @ Md Jhangir Haque, S/O Late Ainul Haque @ Md Aenamul
     Haque R/O Vill.- Rais, P.S.- Pakaribarawan, Dist.- Nawada.
7.   Shahid @ Md Sahid Mallik, S/O Jegangir @ Md Jhangir Haque R/O Vill.-
     Rais, P.S.- Pakaribarawan, Dist.- Nawada.
8.   Kashif Mallick @ Md Kashif Zeb, S/O Aurangzed Mallick @ Aurangzeb
     R/O Vill.- Rais, P.S.- Pakaribarawan, Dist.- Nawada.

                                                                   ... ... Petitioner/s
                                         Versus
1.   The State of Bihar
2.   Alam Mallick, S/O Late Ainul Haque R/O Vill.- Rice, P.S.- Pakaribarawan,
     Dist.- Nawada.

                                            ... ... Opposite Party/s
     ======================================================
                               with
             CRIMINAL MISCELLANEOUS No. 45029 of 2025
       Arising Out of PS. Case No.-30 Year-2024 Thana- PAKARIBARAW District- Nawada
     ======================================================
1.    Md. Habibul Rahaman @ Habibul Rahaman, S/O Late Usman R/O Village-
      Raies, P.S- Pakaribarawan, Distt.- Nawada.
2.   Danish Raza, S/O Mustafa R/O Village- Raies, P.S- Pakaribarawan, Distt.-
     Nawada.
3.   Tasleem Raza, S/O Late Ayub R/O Village- Raies, P.S- Pakaribarawan,
     Distt.- Nawada.
4.   Md. Abutalib @ Abutalib, S/O Alam Meer R/O Village- Raies, P.S-
     Pakaribarawan, Distt.- Nawada.

                                                                   ... ... Petitioner/s
                                         Versus
1.   The State of Bihar
Patna High Court CR. MISC. No.58110 of 2025 dt.22-01-2026
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  2.    Aurangzeb, S/O Ainul Haque, R/O Village- Raees, P.S- Pakaribarawan,
        Dist.- Nawada.

                                              ... ... Opposite Party/s
       ======================================================
       Appearance :
       (In CRIMINAL MISCELLANEOUS No. 58110 of 2025)
       For the Petitioner/s     : Mr. Vikash Kumar Jha, Advocate
       For the Opposite Party/s : Mr. Rajendra Singh, APP
       (In CRIMINAL MISCELLANEOUS No. 45029 of 2025)
       For the Petitioner/s     : Mr. Ravi Kumar, Advocate
       For the Opposite Party/s : Mr. Gauri Shankar Gupta, APP
       ======================================================
       CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
       ORAL JUDGMENT

        Date : 22-01-2026

                         Since both the applications arose from case and

         counter case between the parties, they are heard together and

         disposed off by this common judgment.

                         2. Both the applications have been filed by the

         petitioners invoking the inherent jurisdiction of this Hon’ble

         Court for quashing the order of cognizance passed by the

         learned Trial Court.

                         Cr. Misc. No.58110 of 2025:

                         3. The application bearing Cr. Misc. No. 58110 of

         2025 has been filed for quashing the order dated 25.02.2025

         passed by the learned Additional Chief Judicial Magistrate-II,

         Nawada in Pakribarawan P.S. Case No.31 of 2024 by which

         cognizance for the offence under Sections 341, 323, 324, 325,

         307, 504, 506, 34 of the Indian Penal Code has been taken
Patna High Court CR. MISC. No.58110 of 2025 dt.22-01-2026
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         against the petitioners.

                         4. The brief facts of Cr. Misc. No. 58110 of 2025 is

         that the FIR named accused persons including the petitioners,

         namely, Rashid Mallick @ Rashid Hussain, Nazish Mallick,

         Md. Kaif @ Md. Kaif Alam, Md. Zaid @ Zaid Alam, Humayun

         @ Humayun Akhtar @ Himayun, Jehangir @ Md Jhangir

         Haque, Shahid @ Md. Sahid Mallik and Kashif Mallick @ Md.

         Kashif Zeb surrounded the opposite party no.2 (Alam Mallick)

         and started abusing him and on protest, they assaulted him.

                         5. The learned counsel for the petitioners in Cr.

         Misc. No. 58110 of 2025 without going into the merits of the

         case has drawn the attention of this Court towards Annexure P-4

         series, whereby the petitioner and the opposite party no.2 have

         compromised the dispute between them. Learned counsel for the

         petitioner submits that the present case in which the order

         impugned has been passed is an outcome of an altercation

         between two immediate agnates for an incident which took

         place on 13.01.2024 in the evening. It has further been

         submitted that altogether 15 persons of the entire family have

         been implicated in this case. Out of the 15 named accused

         persons, the case was found to be true only against 7 out of

         those 15 and the allegations levelled against the remaining 8
Patna High Court CR. MISC. No.58110 of 2025 dt.22-01-2026
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         accused persons were found to be false. It has next been

         submitted that genesis of the present incident is an old case

         wherein the driver of the co-accused, Aurangzeb Malick, was

         abused and assaulted by the family members of opposite party

         no.2 on 11.01.2024 and for the same one, Pakaribarawan P.S.

         Case No. 24 of 2024 was instituted.

                         6. Learned counsel for the petitioner further

         submits that with the intervention of family and well-wishers,

         good sense has prevailed between the parties and they have

         entered into a compromise by putting their respective signatures

         and a compromise petition has been duly filed in the Court of

         competent jurisdiction and the same has been brought on record

         by way of Annexure P-4 series.

                         7. Learned counsel for the petitioner submits that

         the opposite party no.2 and others have also filed Cr. Misc.

         No.45029 of 2025 for quashing of the order taking cognizance

         dated 25.02.2025 rising out of Pakaribarawan P.S. Case No. 30

         of 2024 lodged against the family of opposite party and others.

         It has been contended by the learned counsel that with the

         compromise between the parties, the quashing application

         preferred by the family of the opposite party no.2 which has

         been tagged along with the present case, may be heard and on
Patna High Court CR. MISC. No.58110 of 2025 dt.22-01-2026
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         the basis of such compromise, the two cases may be quashed.

                         8. Learned counsel for the opposite party no.2 does

         not dispute the factum of compromise and he has further stated

         that he has also brought the compromise petition on record by

         way of supplementary affidavit in the case preferred by the

         family of opposite party no.2 being Cr. Misc. No. 45029 of

         2025. It has been submitted that in view of the aforesaid

         compromise the parties have already agreed that they do not

         have any grievance left against each other and taking into

         account that the dispute primarily relates to a family dispute and

         therefore the two applications which are being heard together

         may be allowed.

                         9. Learned counsel for the parties have submitted

         that in view of the judgment rendered 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 or in the

         alternative refusing to accept the settlement with a direction to
Patna High Court CR. MISC. No.58110 of 2025 dt.22-01-2026
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         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.

                                              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.”

                         10. It has been submitted that 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 jurisdiction 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.

                         Cr. Misc. No. 45029 of 2025:
Patna High Court CR. MISC. No.58110 of 2025 dt.22-01-2026
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                         11. The application bearing Cr. Misc. No. 45029 of

         2025 has been filed for quashing the order dated 25.02.2025

         passed by the learned Additional Chief Judicial Magistrate-II,

         Nawada in Pakaribarawan P.S. Case No.30 of 2024 by which

         cognizance for the offence under Sections 147, 148, 149, 341,

         323, 324, 325, 307, 504, 506 of the Indian Penal Code has been

         taken against the petitioners.

                         12. The brief facts of Cr. Misc. No. 45029 of 2025

         is that the informant of the present case had lodged an FIR

         against the petitioners against eleven named persons who are

         said to have entered the house of the informant and assaulted

         and have snatched away gold ornaments etc.

                         13. Learned counsel for the petitioners submits that

         the police, after investigation, submitted final form against

         seven persons, while charge-sheet was filed only against four

         accused persons.

                         14. Learned counsel for the petitioner, without

         going into the merits of the case, submits that the two sides have

         compromised and the said compromise petition has been filed

         through a supplementary affidavit, which has been brought on

         record and in terms of such compromise, the parties do not want

         to pursue the matter any further and hence the case lodged by
Patna High Court CR. MISC. No.58110 of 2025 dt.22-01-2026
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         the side of the petitioners, which has been challenged in the

         connected application being Cr. Misc. No. 58110 of 2025 may

         be allowed on the ground of compromise.

                         15. Learned counsel for the opposite party no.2

         submits that he does not oppose the present application in view

         of the compromise entered between the parties and submits that

         the present application may also be disposed of along with the

         connected Cr. Misc. No. 58110 of 2025.

                         Observation:

                         16. Upon hearing the learned counsel for the parties

         and taking into account the factum of compromise as also the

         various judicial pronouncements, including the one passed by

         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, wherein it has been observed that in a case where the parties

         have amicably settled their dispute, the proceedings with the

         trial would be futile and it would be a grave abuse of the process

         of law if the proceedings were not quashed.

                         17. In view of the aforesaid, the impugned orders

         dated 25.02.2025 passed by the learned Additional Chief

         Judicial Magistrate-II, Nawada in Pakribarawan P.S. Case No.31

         of 2024 and Pakaribarawan P.S. Case No.30 of 2024 as well as
             Patna High Court CR. MISC. No.58110 of 2025 dt.22-01-2026
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                      the entire criminal proceedings initiated on the basis of said

                      cases, are hereby quashed as against the petitioners.

                                      18. Both the applications stand allowed.




                                                (Sourendra Pandey, J)
manoj/-
AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          06.02.2026
Transmission Date       06.02.2026


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