Ajit Choudhary vs The State Of Jharkhand on 5 August, 2026

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    Jharkhand High Court

    Ajit Choudhary vs The State Of Jharkhand on 5 August, 2026

    Author: Anil Kumar Choudhary

    Bench: Anil Kumar Choudhary

                                                                  ( 2026:JHHC:23280 )
    
    
    
               IN THE HIGH COURT OF JHARKHAND AT RANCHI
                           Cr.M.P. No.2392 of 2026
    
                                         ------
    

    Ajit Choudhary, aged about 49 years, S/o Late Rajendra Choudhary,
    R/o Village Shashtri Chowk, Dubey Mohalla, P.O.-Lohardaga, P.S.-
    Lohardaga, Dist.-Lohardaga.

                                                             ...             Petitioner
    
    
                                                Versus
    
                1. The State of Jharkhand
    

    2. Rashmi Kujur, W/o Sukhdev Oraon, resident of Village Chalho,
    P.O.-Mahuary, P.S.-Kairo, District-Lohardaga.

    SPONSORED
                                                           ...            Opposite Parties
    
    
                                                ------
                 For the Petitioner        : Mr. Prashant Kr. Rahul, Advocate
                 For the State             : Mr. Abhay Kr. Tiwari, Addl.P.P.
                 For the O.P. No.2         : Mr. Vikas Kumar, Advocate
                                           : Mr. Agnivesh, Advocate
                                                  ------
    
                                            PRESENT
                     HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
    
    
    By the Court:-    Heard the parties.
    
    

    2. This Criminal Miscellaneous Petition has been filed invoking the

    jurisdiction of this Court under Section 528 of the BNSS, 2023 with the

    prayer to quash the first information report as well as the entire criminal

    proceeding in connection with Lohardaga SC/ST P.S. Case No.11 of 2023

    registered for the offences punishable under Sections 406, 419, 420, 120 B

    of the Indian Penal Code and Section 3(1)(s) of the SC/ST (Prevention of

    1 Cr. M.P. No.2392 of 2026
    ( 2026:JHHC:23280 )

    Atrocities Act) and the said case is now pending before the learned

    Additional Sessions Judge-I cum Special Judge, Lohardaga.

    3. Learned counsel for the petitioner submits that the investigation of

    the case is still going on and charge sheet has not yet been submitted.

    4. Learned counsel for the petitioner and learned counsel for the

    opposite party No.2 jointly draw the attention of this Court towards

    Interlocutory Application No.10544 of 2026 which is supported by the

    separate affidavits of the opposite party No.2/informant and the

    Pairvikar of the petitioner wherein it has categorically been mentioned

    that the opposite party no.2 out of her own free will without any

    compulsion entered into a compromise with the petitioner. It is next

    jointly submitted that good sense has prevailed between the parties after

    intervention of the friends as well as the well-wishers and the dispute

    between the parties has been settled. Learned Counsel for the petitioner

    submits that the dispute between the parties is a private dispute and no

    public policy is involved in this case and the compromise is not opposed

    to the public policy. Learned counsel for the petitioner next submits that

    in view of the compromise between the parties, the continuation of this

    criminal proceeding will amount to abuse of process of law as in view of

    the compromise, the chance of conviction of the petitioner is remote and

    bleak. Hence, it is submitted that the first information report as well as

    the entire criminal proceeding in connection with Lohardaga SC/ST P.S.

    Case No.11 of 2023 registered for the offence punishable under Sections

    406, 419, 420, 120 B of the Indian Penal Code and Section 3(1)(s) of the

    SC/ST (Prevention of Atrocities Act) and the said case is now pending

    2 Cr. M.P. No.2392 of 2026
    ( 2026:JHHC:23280 )

    before the learned Additional Sessions Judge-I cum Special Judge,

    Lohardaga, be quashed and set aside.

    5. Learned Addl.P.P. appearing for the State submits that in view of

    the compromise between the parties, the State has no objection for

    quashing the first information report as well as the entire criminal

    proceeding in connection with Lohardaga SC/ST P.S. Case No.11 of 2023

    registered for the offence punishable under Sections 406, 419, 420, 120 B

    of the Indian Penal Code and Section 3(1)(s) of the SC/ST (Prevention of

    Atrocities Act) and the said case is now pending before the learned

    Additional Sessions Judge-I cum Special Judge, Lohardaga.

    6. Having heard the rival submissions made at the Bar and after

    carefully going through the materials available in the record, it is

    pertinent to mention here that the Hon’ble Supreme Court of India in the

    case of Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur & Others

    vs. State of Gujarat & Another reported in (2017) 9 SCC 641, had the

    occasion to consider the jurisdiction of the High Court under Section 482

    of Code of Criminal Procedure inter alia on the basis of compromise

    between the parties and has held in paragraph No.11 as under:-

    “11. Section 482 is prefaced with an overriding provision. The
    statute saves the inherent power of the High Court, as a
    superior court, to make such orders as are necessary (i) to
    prevent an abuse of the process of any court; or (ii) otherwise to
    secure the ends of justice. In Gian Singh [Gian Singh v. State
    of Punjab
    , (2012) 10 SCC 303 : (2012) 4 SCC (Civ) 1188 :

    (2013) 1 SCC (Cri) 160 : (2012) 2 SCC (L&S) 988] a Bench of
    three learned Judges of this Court adverted to the body of
    precedent on the subject and laid down guiding principles
    which the High Court should consider in determining as to
    whether to quash an FIR or complaint in the exercise of the
    inherent jurisdiction. The considerations which must weigh
    with the High Court are : (SCC pp. 342-43, para 61)

    3 Cr. M.P. No.2392 of 2026
    ( 2026:JHHC:23280 )

    “61. … 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

    4 Cr. M.P. No.2392 of 2026
    ( 2026:JHHC:23280 )

    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.”
    (Emphasis supplied)”

    7. Perusal of the record reveals that the offences involved in this case

    are not heinous offences nor is there any serious offence of mental

    depravity involved in this case rather the same relates to a petty private

    dispute between the parties.

    8. Because of the complete settlement between the offender and the

    victim, the possibility of conviction of the petitioner is remote and bleak

    and continuation of the criminal case would put the petitioner 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.

    9. Hence, this Court is of the considered view that this is a fit case

    where the first information report as well as the entire criminal

    proceeding in connection with Lohardaga SC/ST P.S. Case No.11 of 2023

    registered for the offence punishable under Sections 406, 419, 420, 120 B

    of the Indian Penal Code and Section 3(1)(s) of the SC/ST (Prevention of

    Atrocities Act), be quashed and set aside.

    10. Accordingly, the first information report as well as the entire

    criminal proceeding in connection with Lohardaga SC/ST P.S. Case

    No.11 of 2023 registered for the offence punishable under Sections 406,

    419, 420, 120 B of the Indian Penal Code and Section 3(1)(s) of the SC/ST

    (Prevention of Atrocities Act) against the petitioner.

    5 Cr. M.P. No.2392 of 2026

    ( 2026:JHHC:23280 )

    11. In the result, this Cr.M.P. stands allowed.

    12. In view of disposal of the instant Cr.M.P., I.A. No.10544 of 2026

    stands disposed of accordingly.

    (Anil Kumar Choudhary, J.)
    High Court of Jharkhand, Ranchi
    Dated the 05th of August, 2026
    AFR/ Abhiraj

    Uploaded on 06/08/2026

    6 Cr. M.P. No.2392 of 2026



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