Quashment of criminal proceedings follows prior settlement framework and complainant consent, with abuse of process found

Criminal proceedings were treated as unsustainable where the underlying dispute had already been covered by a common judgment directing arbitration and withdrawal of pending litigations, and the de facto complainant filed an affidavit giving unconditional consent and no objection to quashment. In that setting, the HC considered continuation of the prosecution to be an abuse of the process of law and exercised inherent powers under Section 482 of the Code of Criminal Procedure to end the proceedings arising from the Penal Code allegations. The criminal petition was allowed and the proceedings in Crime No. 346 of 2021 were quashed against the petitioner.

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Issues: Whether the criminal proceedings were liable to be quashed in exercise of inherent powers in view of the earlier common judgment and the affidavit of the de facto complainant expressing unconditional consent.

Analysis: The petition was under Section 482 of the Code of Criminal Procedure, 1973 seeking quashment of the proceedings arising out of allegations under the Penal Code. The Court took note that the dispute between the rival groups had already been the subject of a common judgment in connected writ appeals, where all existing disputes were referred to arbitration and pending litigations relating to the subject dispute were to be withdrawn. The Court also considered the affidavit filed by the de facto complainant giving unconditional consent and no objection to quashment. In that background, the Court held that continuation of the criminal proceedings would amount to abuse of the process of law.

Conclusion: The criminal petition was allowed and the proceedings in Crime No. 346 of 2021 were quashed against the petitioner.

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