Saurav Biswas vs The State Of Jharkhand
2022 Latest Caselaw 4624 Jhar

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            IN THE HIGH COURT OF JHARKHAND, RANCHI
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Cr.M.P. No. 2944 of 2022

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Saurav Biswas, aged about 34 years, son of Shri Jayant Kumar Biswas residents of L.I.G, Flat No.116, Row Housing Adityapur-2, Near R.I.T. Thana, Jamshedpur, P.O. and P.S. Adityapur, District Saraikella-Kharsawan ..... Petitioner

-- Versus --

1.The State of Jharkhand

2.Ravish Kumar Singh, son of Ravinder Singh, Branch Head, Muthoot Finance, Kantatoli Branch, under Howrah Regional Office, resident of Sainik Colony, Sarna Asthal, Dumardagga, Buti, P.O. and P.S. BIT (Mesra), District-Ranchi ...... Opposite Parties

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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Petitioner :- Mr. Samir Kumar Lall, Advocate For the State :- Mr.P.D.Agarwal, Spl.P.P. For the O.P.No.2. :- Mr. Shubham Mishra, Advocate

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4/18.11.2022 This petition has been filed for quashing of the entire

criminal proceeding arising out of Lohardaga P.S.Case No.205 of 2021,

pending before the learned Chief Judicial Magistrate, Lohardaga.

An I.A.No.9049 of 2022 has been filed being joint

compromise petition which is affidavited separately by the petitioner and

the O.P.No.2.

The learned counsel for the petitioner submits that the

allegation was made that a sum of Rs.3 lacs has been misappropriated

by the petitioner and on that basis the FIR has been instituted. He

submits that now both the parties have compromised the matter and a

sum of Rs.3 lacs has been returned to the O.P.No.2.

Mr. Mishra, the learned counsel has appeared on behalf of

the O.P.No.2 and submits that the amount in question has been received

in terms of the compromise. He submits that the O.P.No.2 does not want

to proceed with the matter.

Mr. Agarwal, the learned counsel for the respondent State

submits that the compromise is there.

In view of the above submission of the learned counsels

appearing for the parties, the Court has gone through the averments

made in the I.A petition. Mr. Mishra, the learned counsel for the O.P.No.2

has submitted that the O.P.No.2 has received the amount in question to

the tune of Rs.3 lacs, the nature of allegation is individual, there is no

societal interest involved in this matter and considering the judgment of

the 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, the entire

criminal proceeding arising out of Lohardaga P.S.Case No.205 of 2021,

pending before the learned Chief Judicial Magistrate, Lohardaga is

quashed.

Cr.M.P.No.2944 of 2022 is allowed and disposed of.

I.A. No.9049 of 2022 is disposed of.

( Sanjay Kumar Dwivedi, J.)

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