Jharkhand High Court
Veer Pratap Singh vs The State Of Jharkhand on 12 May, 2022
1
IN THE HIGH COURT OF JHARKHAND, RANCHI
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Cr.M.P. No. 3373 of 2021
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1.Veer Pratap Singh, aged about 21 years, son of Sumer Singh Ranawat,
resident of Dhandhalo, Bhilwara, PO and PS Bhilwara, District Bhilware
(Rajasthan)
2.Ravindra Jain, aged about 27 years, son of Narendra Kumar Jain,
resident of 21A, Nand Vihar, Ward No.31, Sangner, PO and PS Sangner,
District Jaipur, Rajasthan ..... Petitioners
-- Versus --
1.The State of Jharkhand
2.Arup Chatterjee, son of Anup Chatterjee, resident of Madgul Habitat,
Flat No.303, Kanke Road, Chandni Chowk, Ranchi... Opposite Parties
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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
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For the Petitioners :- Mr. Vipul Poddar, Advocate
For the State :- APP
For the O.P.No.2 :- Mr. Ajit Kumar, Sr. Advocate
Mr. Ajay Kumar Sah, Advocate
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5/12.05.2022 This petition has been filed for quashing the entire criminal
proceeding including the First Information Report in connection with
Gonda P.S.Case No.81 of 2021 dated 23.09.2021, pending in the court of
learned Judicial Magistrate, First Class XXI/A.M.IX, Ranchi.
It has been submitted that the petitioners are residing at
Rajasthan and there is making the O.P.No.2 as Director in the company
for 10 days using the documents of the O.P.No.2. It has been submitted
that there are procedure of making of Director in the company and for
which One Time Password is being issued on the mobile of the person
who is said to be made as Director of the company and thereafter only
after verification of the O.T.P, anybody is said to be made the Director in
the company. It has been submitted by the learned counsel for the
petitioners that now a compromise has been arrived at between the
parties and for that one I.A. being I.A. No.4229/2022 has been filed. He
submits that the terms and conditions of the compromise has been
disclosed in paragraph no.4 of the said I.A.
Mr. Ajit Kumar, the learned Senior counsel along with
Mr. Ajay Kumar Sah, the learned counsel for the O.P.No.2 submits that
the compromise has been entered into between the parties and in the
terms and conditions of the compromise disclosed in paragraph no.4 of
the said petition is correct as has been submitted by the learned counsel
appearing for the petitioners. He submits that this joint petition is filed
on separate affidavits of the petitioners as well as the O.P.No.2. He
submits that this matter is arising between two individuals and there is
no societal interest involved in this matter and this Court may interfere to
quash the FIR.
Looking into the documents on record, it appears that the
case has been lodged by the O.P.No.2 on the ground of making him as
one of the Director of the company. The compromise has been entered
into between the parties which is not in dispute and in terms of the
compromise as disclosed in para no.4 of I.A. being I.A. No.4229/2022, as
there is no societal interest involved in the matter, and even the matter is
allowed to be investigated and charge sheet being submitted, there is no
likelihood of conviction and it will amount to abuse of the process of law.
Accordingly, looking to the judgment of Hon'ble Supreme
Court in the case of 'Narinder Singh & Ors. Versus State of Punjab & Anr.'
reported in (2014) 6 SCC 466 and 'Gian Singh Vs. State of Punjab & Anr.'
reported in (2012) 10 SCC 303, this is a case to exercise power under
section 482 Cr.P.C.
Accordingly, entire criminal proceeding including the First
Information Report in connection with Gonda P.S.Case No.81 of 2021
dated 23.09.2021, pending in the court of learned Judicial Magistrate,
First Class XXI/A.M.IX, Ranchi is quashed.
Cr.M.P.No.3373 of 2021 stands allowed and disposed of.
I.A. No.4229/2022 stands disposed of.
( Sanjay Kumar Dwivedi, J.)
SI/
