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Patna High Court

Kamal Kishore PrasadversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The High Court quashed the FIR as the dispute was settled and the offences were of a civil nature, making continuation of the criminal proceeding an abuse of process.

Summary

Petitioners Kamal Kishore Prasad and Panka Kumar filed an application under Section 528 of the Bharatiya Nagrik Suraksha Sanhita, 2023 seeking to quash an FIR registered for alleged fraud in a property transaction, involving payments, conversion of leasehold to freehold, and threats. They submitted a settlement agreement, arguing that continuation of the criminal case would be an abuse of process. The Court examined its inherent power to quash criminal proceedings, referring to the principles laid down in Gian Singh v. State of Punjab and Narinder Singh v. State of Punjab, emphasizing that offences of a predominantly civil or commercial nature may be quashed when the parties have settled. Considering the nature of the alleged offences and the full settlement, the Court held that the FIR should be quashed. The application was allowed, and the FIR was set aside.

Issues considered

  • The High Court's power under Section 528 BNSS to quash an FIR when the parties have settled the dispute.
  • Whether the offences alleged (sections 316, 318, 338, 336, 340, 3(5) BNS) are of a civil/commercial nature permitting quash despite settlement.
  • Whether the gravity of the alleged offences precludes the exercise of inherent jurisdiction to quash.

Legislation cited

Subjects

  • quash of FIR
  • inherent jurisdiction
  • settlement agreement
  • civil nature offences
  • abuse of process
  • property fraud
  • BNSS
  • BNS

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  CRIMINAL MISCELLANEOUS No.63135 of 2025
            Arising Out of PS. Case No.-206 Year-2025 Thana- RAMPUR District- Gaya
     ======================================================
1.    Kamal Kishore Prasad Son of Sh. Yadunandan Prasad R/o 166, S-03, Gyan
      Khand - 1, Indirapuram, Shipra Sun City, Ghaziabad, Uttar Pradesh, 201014.
2.   Panka Kumar Son of Sh. Kamal Kishore Prasad R/o 166, S-03, Gyan Khand
     - 1, Indirapuram, Shipra Sun City, Ghaziabad, Uttar Pradesh, 201014.

                                                                      ... ... Petitioner/s
                                           Versus
1.   The State of Bihar Bihar
2.   Mr. Santosh Kumar Son of Avadh Kishore Prasad R/o Mohalla Imliyachak,
     P.S. - Rampur, Dist. - Gaya, Bihar.

                                            ... ... Opposite Party/s
     ======================================================
     Appearance :
     For the Petitioner/s            : Mr. Sumit Kumar Bubna, Advocate
                                       Mr. Vikalp Sharma, Advocate
                                       Mr. Sumit Kumar, Advocate
     For the Opposite Party/s        : Mr. Vinod Shanker Modi, APP
     For the Respondent No. 2        : Mr. Satyaveer Jha, Advocate
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
     ORAL JUDGMENT
      Date : 19-01-2026
              Heard learned counsel for the petitioners and the learned

     APP appearing on behalf of the State.

                  2. The present application has been filed under Section

     528 of the Bharatiya Nagrik Surakasha Sanhita, 2023(hereinafter

     referred to as “BNSS”) seeking quashing of the FIR bearing Rampur

     P.S. Case No. 206 of 2025 dated 29.04.2025 registered for the

     offences punishable under Sections 316, 318, 338, 336, 340 and 3(5)

     of the Bharatiya Nyaya Sanhita, 2023 (hereinafter referred to as

     “BNS”) and all consequent proceedings emanating therefrom.
Patna High Court CR. MISC. No.63135 of 2025 dt.19-01-2026
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                    3. Prosecution case, in brief, as per informant is that an

       agreement between the informant and Smt. Madhuri Devi @

       Madhuri Nayan was made for the purpose of one property for a total

       consideration amount of Rs. 70,00,000/-, Pursuant thereto, an MOU

       was allegedly executed between Madhuri Devi and the informant

       and an initial sum of Rs. 14,50,000/- was paid by the informant to

       the said individuals on the same date. On 09.04.2009, the petitioner

       No. 1 has prepared an unregistered power of attorney in favour of

       Dr. Ramavatar Singh and Smt. Anju Singh for limited purposes. It is

       alleged in the FIR that Dr. Ramavatar Singh and Mrs Anju Singh

       handed over the original unregistered power of attorney dated

       09.04.2009 to the informant. It is further alleged that between

       18.11.2020 to 05.03.2024, the informant is stated to have made

       further payments to Smt. Madhuri Devi @ Madhuri Nayan, both in

       cash and through cheques, aggregating to Rs. 53,32,000/- towards

       the agreed sale consideration. At the time of execution of the said

       agreement, Smt. Madhuri Devi is stated to have assured the

       informant that the aforesaid property belongs to the petitioner No.1

       and that she had acquired ownership thereof from Dr. Ramavatar

       Singh and Smt. Anju Singh. Thereafter it is alleged that Smt.

       Madhuri Devi, Dr. Ramavatar Singh, Sh. Rajiv Nayan, Smt. Anju

       Singh and Sri Jay Prakash Nayan took informant to the residence of

       petitioner No.1 where both the petitioners were present and during
Patna High Court CR. MISC. No.63135 of 2025 dt.19-01-2026
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       the said meeting it is stated that Smt. Madhuri Devi and others

       proposed that the property be converted into freehold for which an

       amount of Rs. 7,25,000/- would have to be deposited online and

       further sum of Rs. 40,00,000/- be paid to the petitioner No.1, only

       thereafter the said property would be transferred in favour of

       informant. On 07.10.2023, the informant has paid the said amount in

       cash to the petitioner and his son and on the same day the original

       allotment letter and original lease deed pertaining to the said

       property were allegedly handed over to the informant. On

       08.12.2023 Rs. 4,00,000/- and on 11.12.2023 Rs. 3,25,000/- was sent

       to the account of accused petitioner No.1 through R.T.G.S. towards

       the payment of the conversion fee required for converting the

       leasehold property into freehold. The petitioner No.1 thereafter

       remitted the said amount to the Bihar State Housing Board (BSHB).

       On 11.12.2024, the informant came to know that the petitioner No.1

       has collected the registered documents from the Bihar State Housing

       Board. On 19.01.2025 when informant visited the residence of the

       petitioner in Gaziabad, both the accused persons threatened him with

       dire consequences and categorically refused to execute the sale deed

       in his favour.

                    4. Learned counsel for the petitioners at the outset submits

       that he has brought the settlement agreement on record through a

       supplementary affidavit. It has been submitted that settlement has
Patna High Court CR. MISC. No.63135 of 2025 dt.19-01-2026
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       been arrived between the parties and therefore continuation of the

       present proceedings would amount to abuse of the process of law.

                    5. It has been submitted that in view of the settled law as

       enumerated in case of Gian Singh v. State of Punjab reported in

       (2012) 10 SCC 303, paragraph -61 of the same reads 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,
             Patna High Court CR. MISC. No.63135 of 2025 dt.19-01-2026
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                                             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 the above question(s) is in the affirmative, the
                                             High Court shall be well within its jurisdiction to quash the
                                             criminal proceeding.”

                                 6. In case of Narinder Singh and Ors. vs. State of

                    Punjab and Anr reported in (2014) 6 SCC 466, paragraph -29.4 of

                    the same reads 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.”


                                 7. In view of the aforesaid settled proposition of law, the

                    continuation of the criminal proceedings between the parties would

                    amount to abuse of the process of law and as such the FIR bearing

                    Rampur P.S. Case No. 206 of 2025 is, hereby, quashed.

                                 8. The application stands allowed.


                                                                         (Sourendra Pandey, J)

krishna/-
AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          27.01.2026
Transmission Date       27.01.2026


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