Ritwik Mukherjee vs The State Of Jharkhand
2022 Latest Caselaw 3223 Jhar

                    IN THE HIGH COURT OF JHARKHAND AT RANCHI
                              Cr.M.P. No. 135 of 2022
             1.   Ritwik Mukherjee, S/o Pinaki Mukerjee, age 29 years
             2.   Jayanti Mandal, W/o Ritwik Mukherjee, age 29 years
                  Both R/o Kadam Kanon, Jhargram, P.O. & P.S. Jhargram, Distt. West
                  Medinipur (West Bengal)                         ... Petitioners
                                        -Versus-
             1.   The State of Jharkhand
             2.   Manendra Kumar, S/o Suresh Prasad, R/o Naya Bazar, P.O. & P.S.
                  Chakulia, Ghatshila, Town Jamshedpur, Distt. East Singhbhum
                  (Jharkhand)                                    ... Opposite Parties
                                              -----

CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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             For the Petitioners              : Mr. Amit Kumar, Advocate
             For the Opposite Party-State     : Mr. Shiv Shankar Kumar, A.P.P.
             For Opposite Party No.2          : Mr. Soumitra Baroi, Advocate
                                              -----

06/17.08.2022. Heard Mr. Amit Kumar, learned counsel for the petitioners, Mr. Shiv

Shankar Kumar, learned counsel for the State and Mr. Soumitra Baroi,

learned counsel for opposite party no.2.

2. This petition has been filed for quashing the entire criminal

proceeding initiated against the petitioners in connection with Chakulia P.S.

Case No.41 of 2019, pending in the court of the learned Sub Divisional

Judicial Magistrate, Ghatshila.

3. Mr. Amit Kumar, learned counsel for the petitioners submits that for

payment of Rs.1,31,000/-, criminal case has been lodged under Sections

461, 379, 420, 120(B) and 34 of the Indian Penal Code. He further submits

that the petitioners have filed anticipatory bail petition being A.B.P.

No.150/2021 before the concerned court and in that petition, the matter

was sent to the DLSA, Ghatshila for mediation and before the DLSA,

Ghatshila, both the parties have compromised the matter.

4. Mr. Soumitra Baroi, learned counsel appearing for opposite party no.2

also accepts the submission of Mr. Amit Kumar, learned counsel for the

petitioners and submits that the amount in question has been received by

opposite party no.2 and he is not willing to proceed further.

5. In view of the above facts and considering the submissions of the

learned counsel for the parties and also considering that criminal case was

initiated for payment of Rs.1,31,000/-, it appears that compromise has

taken place between the parties and the amount in question has been

received by opposite party no.2 and the dispute in question has been

settled. There is no societal interest involved in this petition. Considering the

judgments rendered by the Hon'ble Supreme Court in the case of Gian

Singh Vs. State of Punjab & Anr. reported in (2012) 10 SCC 303 and

in the case of Narinder Singh & Ors. Versus State of Punjab & Anr. ,

reported in (2014) 6 SCC 466, it is a fit case to exercise power under

Section 482 Cr.P.C. Accordingly, the entire criminal proceeding initiated

against the petitioners in connection with Chakulia P.S. Case No.41 of 2019,

pending in the court of the learned Sub Divisional Judicial Magistrate,

Ghatshila is, hereby, quashed.

6. This petition is, therefore, allowed and disposed of.

7. Interim order dated 21.03.2022 stands vacated.

(Sanjay Kumar Dwivedi, J.) Ajay/