The High Court has the authority to quash a proceeding if it determines that continuing the prosecution will be a violation of the court’s procedure or if the ends of justice demand that the proceeding be quashed. The preservation of the High Court’s inherent powers, both in civil and criminal cases, is intended to accomplish a beneficial public goal: a court case can not be used as a tool of harassment or persecution. The judgement was passed by the High Court of Jharkhand in the case of Rajnish Kumar & Ors. vs The State of Jharkhand & Anr. [Cr. M.P. No. 2623 of 2019] by Single Bench consisting of Hon’ble Justice Sanjay Kumar Dwivedi.
The facts of the case are Company has appointed or selected Genesis Sale Corporation as a CNF Agent and, thereafter the Company was intending to get back its stock from the Genesis Sale Corporation, but the petitioners have refused to meet with the informant and did not return the stock. The allegation was that 390 Pumps amounting to Rs.10.48 Lakhs was with them. Subsequently, the said agreement was cancelled and the accused persons were asked to return the stock and, thereafter, F.I.R. has been lodged.
Learned counsel for the petitioners submits that now they have entered into a compromise and based on the said compromise, this quashing petition has been filed. They further submit that they have settled the dispute which 3 Cr. Which arising out of the business rivalry and they are willing to maintain a good relation in the interest of the business. They also submit that F.I.R. has been lodged under Sections 420 and 406 I.P.C., which are compoundable under Section 320 of the Cr.P.C. with the permission of the Court before which any prosecution for such offence is pending and by the person who has been cheated.
Learned counsel for the State also accepts that the law is well settled given the judgment relied on the learned counsel for the petitioners as well as learned counsel for the opposite party.
While relying on the Hon’ble Supreme Court judgment Shiji v. Radhika, wherein it was held that that “the offences under Section 320 CrPC which are not compoundable with or without the permission of the court cannot be allowed to be compounded.” Further, it was noted that “to declare that such offences as are made compoundable under Section 320 can alone be compounded and none else.”
While allowing the petition the court observed that the “High Court is entitled to quash a proceeding if it concludes that allowing the proceeding to continue would be an abuse of the process of the court or that the ends of justice require that the proceeding ought to be quashed. The saving of the High Court’s inherent powers, both in civil and criminal matters, is designed to achieve a salutary public purpose which is that a court proceeding ought not to be permitted to degenerate into a weapon of harassment or persecution.”
