Jharkhand High Court
Birendra Mandal vs The State Of Jharkhand on 31 August, 2022
1
IN THE HIGH COURT OF JHARKHAND, RANCHI
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Cr.M.P. No. 2572 of 2022
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1.Birendra Mandal, age about 46 years, s/o Ramdeo Mandal, r/oGhandhi
Kutir, Jamtara, PO and PS Jamtara, Dist.Jamtara, Jharkhand
2.Somnath Singh, age about 47 yrs, s/o Nand Kishor Singh, vill Gaychand,
PO and PS Jamtara, Dist. Jamtara, Jharkhand..... Petitioners
-- Versus --
1.The State of Jharkhand
2.Uttam Rajak, s/o Prakash Rajak, r/o Village Kushbedia, Dhobipara, PS
and PO Mihijam, District Jamtara ...... Opposite Parties
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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
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For the Petitioners :- Mr. Kaushik Sarkhel, Advocate
For the State :- Mr. V.K. Vashishth, Adv
For the O.P.No.2 :- Mr. Randhir Kumar, Advocate
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2/31.08.2022 This petition has been filed for quashing the entire
proceeding including the F.I.R arising out of Jamtara SC/ST P.S. Case
No.02/2022 for the offence under section 341, 323, 504/34 IPC and
Section 3(1)(r)(s) of the Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities Act, 1980), 1989, pending in the court of
learned Special Judge, Jamtara.
Mr. Kaushik Sarkhel, the learned counsel for the petitoners
submits that the case has been registered under the aforesaid sections.
He submits that the petitioners have been falsely implicated in the case.
He further submits that now good sense is prevailing between the parties
and the compromise has been entered into between the petitioners and
the O.P.No.2.
Mr. Randhir Kumar, the learned counsel for the O.P.No.2
appears suo motu on behalf of the O.P.No.2 and submits that a
compromise has been taken place between the parties and O.P.No.2 does
not want to proceed further in this case.
The petitioner no.1 namely Birendra Mandal and the
O.P.No.2 namely Uttam Rajak on query from the Court submit that
compromise has been taken place and O.P.No.2 submits that he does not
want to proceed further in the matter.
Mr. Randhir Kumar, the learned counsel for the O.P.No.2
submits that the terms of compromise has been filed in the learned court
concerned, which is also recorded in the order dated 21.7.2022.
Recently the Hon'ble Supreme Court has considered the
case relates to Section 3 of the Scheduled Caste and Scheduled Tribes
(Prevention of Atrocities) Act, 1989, in the case of Ramgopal & Anr. v.
The State of Madhya Pradesh, in Criminal Appeal No. 1489 of
2012 along with Criminal Appeal No. 1488 of 2012 and in that
case, the compromise has been considered and it has been held that the
extraordinary power enjoined upon a High Court under Section 482
Cr.P.C. or vested in this Court under Article 142 of the Constitution of
India can be invoked. For ready reference, paragraph 19 of the said
judgment is quoted herein below:
"19. We thus sum-up and hold that as opposed to Section 320
Cr.P.C. where the Court is squarely guided by the compromise
between the parties in respect of offences 'compoundable' within
the statutory framework, the extraordinary power enjoined upon
a High Court under Section 482 Cr.P.C. or vested in this Court
under Article 142 of the Constitution, can be invoked beyond the
metes and bounds of Section 320 Cr.P.C. Nonetheless, we reiterate
that such powers of wide amplitude ought to be exercised
carefully in the context of quashing criminal proceedings, bearing
in mind: (i) Nature and effect of the offence on the conscious of
the society; (ii) Seriousness of the injury, if any; (iii) Voluntary
nature of compromise between the accused and the victim; & (iv)
Conduct of the accused persons, prior to and after the occurrence
of the purported offence and/or other relevant considerations."
It is well settled that where the compromise is entered into
between the parties and societal interest is not there, the High Court can
exercise the power under Section 482 Cr.P.C., even if the Sections are not
compoundable.
In view of the aforesaid compromise and upon going
through the aforesaid I.A., this Court is inclined to invoke the power
conferred under Section 482 Cr.P.C. As such the entire criminal
proceeding so far as the petitioner is concerned is, hereby, quashed for
the reasons that must be the occurrence involved in this petition can be
categorized as purely personal or having overtones of criminal
proceedings of private nature; secondly the nature of complaint is with
regard to certain altercation and thirdly the cause of administration of
criminal justice system would remain unaffected on acceptance of the
amicable settlement between the parties.
As a cumulative effect of the aforesaid facts, reasons and
analysis and in view of the statements made in paragraphs of the
aforesaid I.A. petition, the entire proceeding including the F.I.R arising
out of Jamtara SC/ST P.S. Case No.02/2022, pending in the court of
learned Special Judge, Jamtara, so far as the petitioners are concerned
is, hereby, quashed.
Accordingly, Cr.M.P. No.2572 of 2022 stands allowed and
disposed of.
Interim order if any stands vacated.
( Sanjay Kumar Dwivedi, J.)
SI/
