Pramod Kumar Singh @ Pramod Singh vs The State Of Jharkhand
2022 Latest Caselaw 5159 Jhar

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      IN THE HIGH COURT OF JHARKHAND AT RANCHI
                   Cr.M.P. No. 4160 of 2022

 1.Pramod Kumar Singh @ Pramod Singh
   2.Deoki Mahto                                    ...... Petitioners
                            Versus
1.The State of Jharkhand
2. Vincent Tudu                                     ...... Opposite Parties
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CORAM:        HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
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For the Petitioners : Mr. Rohit Ranjan Sinha, Advocate Mr. Abhishek Agarwal, Advocate For the State : Mrs. Ruby Pandey, A.P.P.

For the O.P. No. 2 : Ms. Shreya Agarwal, A.C. to Ms. Amrita Sinha, Advocate Ms. Madhvi Nikunj Horo, Advocate .......

4/Dated: 20/12/2022 Heard Mr. Rohit Ranjan Sinha, learned counsel for the petitioners, Mrs.

Ruby Pandey, learned counsel for the State and Ms. Shreya Agarwal, A.C. to Ms.

Amrita Sinha, learned counsel for the O.P. No. 2.

2. This criminal miscellaneous petition has been filed for quashing of entire

criminal proceeding with all consequences including the F.I.R. arising out of Charhi

P.S. Case No. 95 of 2020 dated 22.11.2020, pending in the Court of learned

Additional District Judge-VI-cum-Special Judge SC/ST Act, Hazaribag.

3. Mr. Rohit Ranjan Sinha, learned counsel appearing for the petitioners

submits that the present case has been registered under sections 323, 341, 504,

506/34 I.P.C. and under section 3(1) (X) of the Schedule Castes and Schedule Tribes

(Prevention of Atrocities) Act, 1989. He submits that now with the intervention of well

wishers and common friends both the parties have compromised the case out of the

court. He submits that good sense has prevailed between the parties.

4. Ms. Shreya Agarwal, learned counsel appearing for the O.P. No. 2

accepts the submission of learned counsel for the petitioners. She submits that the

matter has been compromised between the parties for that a compromise petition

has been filed on behalf of petitioner as well as O.P. No. 2 by way of I.A. No. 11747

of 2022 seeking permission to dispose of the case in the light of compromise. The

said I.A. is supported with separate affidavit of the petitioner as well as O.P. No.2.

She submits that O.P. No. 2 does not want to proceed further in this case.

5. Recently the Hon'ble Supreme Court has considered the compromise in

SC/ST Act in the case of "Ramawatar Vs. State of Madhya Pradesh" (2021)

SCC Online SC 966 wherein para 16 the Hon'ble Supreme Court has held as under:-

" 16. On the other hand, where it appears to the Court that the offence in question, although covered under the SC/ST Act, is primarily private or civil in nature, or where the alleged offence has not been committed on account of the caste of the victim, or where the continuation of the legal proceedings would be an abuse of the process of law, the Court can exercise its powers to quash the proceedings. On similar lines when considering a prayer for quashing on the basis of a compromise/settlement, if the Court is satisfied that the underlying objective of the Act would not be contravened or diminished even if the felony in question goes unpunished, the mere fact that the offence is covered under a 'special statute' would not refrain this Court or the High Court, from exercising their respective powers under Article 142 of the Constitution or Section 482 Cr.P.C."

6. In view of the aforesaid judgment of the Hon'ble Supreme Court in

such a situation the criminal proceeding can be quashed either exercising power

under Article 142 of the Constitution of India or under Section 482 Cr.P.C. and also

considering that the compromise has reached between the parties, O.P. No.2 does

not want to proceed further with this case, no societal interest is involved in this case,

the dispute is between two individual, both the parties are residing in same localities,

the O.P. No. 2 on his own will, without any compulsion, entered into compromise and

wishes to drop the present criminal proceedings against the petitioners, the entire

criminal proceeding with all consequences including the F.I.R. arising out of Charhi

P.S. Case No. 95 of 2020 dated 22.11.2020, pending in the Court of learned

Additional District Judge-VI-cum-Special Judge SC/ST Act, Hazaribag, are hereby

quashed.

7. This petition stands allowed and disposed of. I.A. No.11747 of 2022

stands disposed of.

( Sanjay Kumar Dwivedi, J.) Satyarthi/