Pawan Kuma @ Pawan Kumara vs The State Of Jharkhand
2022 Latest Caselaw 1201 Jhar

       IN     THE HIGH COURT OF JHARKHAND AT RANCHI
                                 Cr.M.P. No. 414 of 2022
                                         with
                                   I.A. No. 1711 of 2022

      1. Pawan Kuma @ Pawan Kumara
      2. Chandan Kumar                               .....  ... Petitioners
                                   Versus
      1. The State of Jharkhand.
      2. Ajay Kumar Ojha                              ..... ...      Opposite Parties
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CORAM : HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Petitioners : Mr. D.K. Chakraverty, Advocate. For the State : Mr. Ashish Kumar, A.C. to G.A.-II. For the O.P. No. 2 : Mr. Saurav Kumar, Advocate

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03/ 28.03.2022 Heard Mr. D.K. Chakraverty, learned counsel appearing for the petitioners, Mr. Ashish Kumar, learned A.C. to G.A.-II for the State and Mr. Saurav Kumar, learned counsel appearing for the O.P. No. 2.

2. This criminal miscellaneous petition has been filed for quashing of the entire criminal proceedings including the order taking cognizance dated 19.08.2020, passed by the learned Additional Sessions Judge-II, Jamshedpur, in Cyber Crime Case No. 40 of 2020, arising out of Cyber P.S. Case No. 17 of 2018, pending in the Court of learned Additional Sessions Judge-II-cum-Special Judge, Jamshedpur.

3. The FIR was lodged stating therein that one Ajay Kumar Ojha, resident of Golmuri P.S., Distrcit-East Singhbhum, has Saving Bank Account No. 30651621694 at Golmuri S.B.I. Branch and in between 18.9.2018 to 21.9.2018, he received a phone call at his mobile No. 9471501551 from Mobile No. 9117397139 and the caller introduced himself bank officer and on his demand, the informant narrated his O.T.P. number and informant's Rs. 62,500/- had been withdrawn after asking him O.T.P. number.

4. Mr. D.K. Chakraverty, learned counsel appearing for the petitioners submits that it has been alleged that the SIM card of the petitioners were used in fraudulent withdrawal of an amount of Rs. 62,500/- of the O.P. No. 2 and the same mobile number was not of the petitioners. He further submits that now the case has been compromised between the parties and the petitioners have already paid a sum of Rs. 62,500/- to O.P. No. 2.

5. The aforesaid submission of learned counsel for the petitioners has been accepted by Mr. Saurav Kumar, learned counsel appearing for the O.P. No. 2. Both the counsel submit that one I.A. No. 1711 of 2022 has been filed by both the parties stating therein that the

compromise has arrived at between the parties.

6. In view of such submission, this Court can interfere in the matter and quash the entire criminal proceeding. The Court has gone through the I.A. petition, where in paras-6 and 7 thereof, it has been disclosed that the dispute between the parties have already been settled and all the alleged Sections are compoundable except Sections 66(C) and 66(D) of the Information Technology Act and also the petitioners have no criminal antecedents.

7. Sections 66(C) and 66(D) of the Information Technology Act are not compoundable, but in a case where the compromise is there and no societal interest is involved, the Court can exercise its power under Sections 482 Cr.P.C.

8. Reference may be made to the case of Narinder Singh & Ors. Versus State of Punjab & Anr., reported in (2014) 6 SCC 466, wherein the Hon'ble Supreme Court in Paragraphs-29 and 30 held as follows:-

"29. At this juncture, we would like also to add that the timing of settlement would also play a crucial role. If the settlement is arrived at immediately after the alleged commission of offence when the matter is still under investigation, the High Court may be somewhat liberal in accepting the settlement and quashing the proceedings/investigation. Of course, it would be after looking into the attendant circumstances as narrated in the previous para. Likewise, when challan is submitted but the charge has not been framed, the High Court may exercise its discretionary jurisdiction. However, at this stage, as mentioned above, since the report of the I.O. under Section 173, Cr.P.C. is also placed before the Court it would become the bounding duty of the Court to go into the said report and the evidence collected, particularly the medical evidence relating to injury etc. sustained by the victim. This aspect, however, would be examined along with another important consideration, namely, in view of settlement between the parties, whether it would be unfair or contrary to interest of justice to continue with the criminal proceedings and whether possibility of conviction is remote and bleak. If the Court finds the answer to this question in affirmative, then also such a case would be a fit case for the High Court to give its stamp of approval to the compromise arrived at between the parties, inasmuch as in such cases no useful purpose would be served in carrying out the

criminal proceedings which in all likelihood would end in acquittal, in any case.

30. We have found that in certain cases, the High Courts have accepted the compromise between the parties when the matter in appeal was pending before the High Court against the conviction recorded by the trial court. Obviously, such cases are those where the accused persons have been found guilty by the trial court, which means the serious charge of Section 307 IPC has been proved beyond reasonable doubt at the level of the trial court. There would not be any question of accepting compromise and acquitting the accused persons simply because the private parties have buried the hatche.

9. Reference may further be made to the case of " Gian Singh Vs. State of Punjab & Anr." reported in (2012) 10 SCC 303, wherein the Hon'ble Supreme Court has also conceded about the quashing of the case in terms of the settlement, arrived at between the parties. Paragraph-61 of the said judgment reads as follows:-

"61. The position that emerges from the above discussion can be summarised thus: the power of the High Court in quashing a criminal proceeding or FIR or complaint in exercise of its inherent jurisdiction is distinct and different from the power given to a criminal court for compounding the offences under Section 320 of the Code. Inherent power is of wide plenitude with no statutory limitation but it has to be exercised in accord with the guideline engrafted in such power viz.: (i) to secure the ends of justice, or (ii) to prevent abuse of the process of any court. In what cases power to quash the criminal proceeding or complaint or FIR may be exercised where the offender and the victim have settled their dispute would depend on the facts and circumstances of each case and no category can be prescribed. However, before exercise of such power, the High Court must have due regard to the nature and gravity of the crime. Heinous and serious offences of mental depravity or offences like murder, rape, dacoity, etc. cannot be fittingly quashed even though the victim or victim's family and the offender have settled the dispute. Such offences are not private in nature and have a serious impact on society. Similarly, any compromise between the victim and the offender in relation to the offences under special statutes like the Prevention of Corruption Act or the offences committed by public servants while working in that capacity, etc.; cannot provide for any basis for

quashing criminal proceedings involving such offences. But the criminal cases having overwhelmingly and predominatingly civil flavour stand on a different footing for the purposes of quashing, particularly the offences arising from commercial, financial, mercantile, civil, partnership or such like transactions or the offences arising out of matrimony relating to dowry, etc. or the family disputes where the wrong is basically private or personal in nature and the parties have resolved their entire dispute. In this category of cases, the High Court may quash the criminal proceedings if in its view, because of the compromise between the offender and the victim, the possibility of conviction is remote and bleak and continuation of the criminal case would put the accused to great oppression and prejudice and extreme injustice would be caused to him by not quashing the criminal case despite full and complete settlement and compromise with the victim. In other words, the High Court must consider whether it would be unfair or contrary to the interest of justice to continue with the criminal proceeding or continuation of the criminal proceeding would tantamount to abuse of process of law despite settlement and compromise between the victim and the wrongdoer and whether to secure the ends of justice, it is appropriate that the criminal case is put to an end and if the answer to the above question(s) is in the affirmative, the High Court shall be well within its jurisdiction to quash the criminal proceeding."

10. In view of the aforesaid facts and considering that the compromise has entered into between the parties and the O.P. No. 2 has already received the amount in question and no societal interest is involved in the matter and also there is no criminal antecedent against the petitioner and also taking into consideration the judgments of Hon'ble Supreme Court in the cases of Narinder Singh & Ors. (Supra) and Gian Singh (Supra), the entire criminal proceedings including the order taking cognizance dated 19.08.2020, passed by the learned Additional Sessions Judge-II, Jamshedpur, in Cyber Crime Case No. 40 of 2020, arising out of Cyber P.S. Case No. 17 of 2018, pending in the Court of learned Additional Sessions Judge-II-cum-Special Judge, Jamshedpur, are hereby, quashed and set aside.

11. Accordingly, this petition is allowed and disposed of. The aforesaid interlocutory application also stands disposed of.

(Sanjay Kumar Dwivedi, J.) Amitesh/-