Citation : 2022 Latest Caselaw 5120 Jhar
Judgement Date : 16 December, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.M.P. No. 4283 of 2022
Ram Gopal Tripathi @ Ram Gopal Tripathy, aged about 41 years, son
of Krishna Murari Tripathy, resident of Ram Vihar Colony, Near
Manavata Inter College, Para Road, Rajajipuram, P.O. & P.S.
Rajajipuram, District- Lucknow, State- Uttar Pradesh
... Petitioner
-Versus-
1. The State of Jharkhand
2. Sanjiv Kumar Dey, son of Ajit Kumar Dey, resident of Station Road,
N.S. Colony, Jadugora Mines, P.O. & P.S. Jadugora, Town- Jamshedpur,
District- East Singhbhum ... Opposite Parties
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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
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For the Petitioner : Mr. Nishant Kumar Roy, Advocate For the Opposite Party-State : Mr. Vineet Kumar Vashistha, S.P.P. For Opposite Party No.2 : Mr. Ankit Kumar, Advocate
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02/16.12.2022. This petition has been filed for quashing the entire criminal
proceedings arising out of Jadugora P.S. Case No.08 of 2020 instituted
under Sections 406, 419, 420, 467, 468 and 471 of the Indian Penal Code,
pending in the court of the learned Additional Chief Judicial Magistrate,
Ghatsila.
2. Learned counsel for the petitioner submits that the allegation is made
in the FIR for payment of total Rs.34,280/-. He further submits that now
good sense has prevailed between the parties and the amount has been
paid by the petitioner to opposite party no.2 and for that joint compromise
petition has been filed in terms of I.A. No. 11177 of 2022. On these
grounds, he submits that entire criminal proceeding may kindly be quashed.
3. Learned counsel for opposite party no.2 also accepts the submission
of the learned counsel for the petitioner and submits that opposite party
no.2 has received the amount. He further submits that the compromise has
taken place between the parties and for that the said I.A. has been filed,
which has been supported by separate affidavits of the petitioner as well as
opposite party no.2. He also submits that opposite party no.2 does not want
to proceed with the case.
4. In view of the above facts and submissions of the learned counsel for
the parties and considering that the matter has been compromised between
the parties and opposite party no.2 has already received the amount in
question and there is no societal interest involved in the case and also
considering the judgments passed by the Hon'ble Supreme Court in Gian
Singh v. State of Punjab & another; [(2012) 10 SCC 303] and in
Narinder Singh & others v. State of Punjab & another; [(2014) 6
SCC 466, the entire criminal proceedings arising out of Jadugora P.S. Case
No.08 of 2020, pending in the court of the learned Additional Chief Judicial
Magistrate, Ghatsila is, hereby, quashed.
5. Accordingly, this petition stands allowed and disposed of.
6. Consequently, I.A. No.11177 of 2022 stands disposed of.
(Sanjay Kumar Dwivedi, J.) Ajay/
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