The single judge bench of the Jharkhand High Court quashed the FIR registered for the offenses punishable under Sections 406, 419, 420, 387, 34 of the Indian Penal Code and Sections 3(1) (r), 3(1) (s) of the SC/ST Act, 1989 amended 2015 on the basis of compromise and settlement between the parties.
Brief facts
The criminal Petition is filed under Section 482 Cr.P.C in order to quash the FIR registered for the offenses punishable under Sections 406, 419, 420, 387, 34 of the Indian Penal Code and Sections 3(1) (r), 3(1) (s) of the SC/ST Act, 1989 amended 2015.
Contentions of the Petitioner
The Petitioner submitted that the parties have amicably settled their disputes outside the court. It was furthermore submitted that the Petitioner didn’t do anything intentionally as the opp party no.2 is a member of the scheduled tribe but because of the heat of the moment, the opposite party no.2 has also alleged commission of the offenses punishable under the penal provisions of the Scheduled Caste or Scheduled Tribe (Prevention of Atrocities) Act, 1989. Also, the dispute among the parties is a private dispute and no public interest is involved.
Observations of the Court
The Hon’ble court observed that due to the compromise entered by the offender and the victim, there are bleak chances that the accused will be found guilty. If the criminal case continues to proceed despite the offender and victim reaching a full and complete settlement, the accused will face great prejudice and oppression.
The court relied upon the judgment titled Parbatbhai Aahir v. State of Gujarat
Based on these considerations, the court was of the view that it would be unfair and contrary to the interest of justice to continue with the criminal proceeding and the continuance of criminal proceeding would be tantamount to the abuse of the process of law and in the interest of justice, it is appropriate that the criminal proceeding against the petitioners be put to an end. The court quashed and set aside the FIR.
The decision of the court
With the above direction, the court allowed the criminal miscellaneous Petition.
Case title: Chhitar Mall Dhoot Vs The State of Jharkhand
Coram: Hon’ble Mr. Justice Anil Kumar Choudhary
Case No.: Cr.M.P. No. 258 of 2024
Advocates for the Petitioner: Ms. Neeta Krishna, Advocate : Mr. Utkarsh Krishna, Advocate : Mr. Manish Kumar, Advocate
Advocate for the State: Mrs. Abhay Kr. Tiwari, Addl. P.P.
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