Recently, while referring to Supreme Court judgements, the Jharkhand High court reiterated that criminal cases that are not compoundable could be quashed if
a) the parties have settled the case,
b) if there is no chance of conviction
c) if there was a no involvement of the society.
The bench of Justice Sanjay Kumar Dwivedi relied on Narinder Singh & Ora vs state of Punjab (2014) 6 SCC 466, in disposing off the petition filed for quashing the entire criminal proceeding and order passed by the CJM, Dhanbad taking cognizance of offences under Sections 498-A, 341, 323, 505, 506/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act
Advocate Shailesh, appearing for the petitioner, argued that the instant dispute is a marital dispute but the parties have settled and requested the court to quash the case.
The special public prosecutor submitted that the court is well within its right to quash the proceedings if no societal interest is served.
After considering the submissions and settled law in the issue, the court quashed the entire criminal proceedings after noting that parties have settled and no societal interest will be served in pursuing the case.
Title: Mohd Irshad Hussain & Ors vs state of Jharkhand
Case No.: Cr. MP 1036/2022