Jharkhand High Court
Subhash Singh vs The State Of Jharkhand on 12 September, 2022
1 Cr.M.P. No. 2105 of 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.M.P. No. 2105 of 2022
1. Subhash Singh, aged about 36 years, Son of Late Arjun Singh
2. Prince Singh @ Prince Kumar Singh, aged about 29 years, Son of
Prem Kishor Raut @ Dulal Singh
3. Pankaj Singh @ Pankaj Kumar Prabhakar @ Pankaj Kumar Singh, aged
about 31 years, Son of Prem Kishor Raut @ Dulal Singh
All residents of Gopalpur, P.O. Katras Bazar, P.S. Katras, District-
Dhanbad ... Petitioners
-Versus-
1. The State of Jharkhand
2. Santosh Ravidas, Son of Dukhi Ravidas, Resident of Malkera, P.O.
Malkera, P.S. Katras, District- Dhanbad ... Opposite Parties
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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
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For the Petitioners : Mr. Shekhar Prasad Sinha, Advocate
For the Opposite Party-State : Mr. Ashish Kumar, A.C. to G.A.-II
For Opposite Party No.2 : Mr. Nitish Krishna, Advocate
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04/12.09.2022. Heard Mr. Shekhar Prasad Sinha, learned counsel for the petitioners,
Mr. Ashish Kumar, learned counsel for the State and Mr. Nitish Krishna,
learned counsel for opposite party no.2.
2. This petition has been filed for quashing of entire criminal
proceedings in connection with Katras P.S. Case No.201/2020,
corresponding to SC/ST Case No.69/2020, pending in the court of the
learned District & Additional Sessions Judge-VI-cum-Special Judge, SC/ST,
Dhanbad.
3. Mr. Shekhar Prasad Sinha, learned counsel for the petitioners submits
that the case is registered under Section 341, 323, 427, 379, 506, 34 of the
Indian Penal Code read with the offence under Section 3(iii)(x) of SC/ST
Act. He further submits that the compromise has taken place and both the
parties have settled the dispute.
4. Learned counsel Mr. Nitish Krishna has appeared suo motu on behalf
of opposite party no.2 and he submits that due to enmity, the case has
been lodged against the petitioners. He further submits that now good
relationship has been developed and both the parties have settled their
dispute. He also submits that I.A. No.6269 of 2022 has been filed for
compromise and in paragraph 4 of the said I.A., it has been disclosed that
due to some misconception the case has been lodged and now the same
has been resolved.
5. Mr. Ashish Kumar, learned counsel for the State submits that now
compromise has been taken place between the parties.
6. In view of the submissions of the learned counsel appearing for the
parties and looking to the averments made in the said I.A., it transpires
that both the parties have settled the dispute. Looking into the content of
the FIR, it transpires that so far as SC/ST Act is concerned, it has not
been disclosed that it has occurred in the public view. In this background,
to allow the criminal proceedings to continue will amount to abuse
of process of law. In the case of Narinder Singh & Ors. v. State of
Punjab & Anr., reported in (2014) 6 SCC 466, the Hon'ble
Supreme Court in paragraphs 27 and 29.2 has held that even in the cases
which are non-compoundable and there is no societal interest, the High
Court can quash the proceeding under Section 482 Cr.P.C. Recently in the
case of Ramawatar v. State of Madhya Pradesh , reported in 2021
SCC OnLine SC 966, the Hon'ble Supreme Court has held that in
appropriate cases even in the cases alleged under SC/ST Act, the criminal
proceeding can be quashed.
7. In view of the above facts and considering that compromise has taken
place between the parties and there is no societal interest involved in the
case and in light of the aforesaid judgments, the entire criminal proceedings
in connection with Katras P.S. Case No.201/2020, corresponding to SC/ST
Case No.69/2020, pending in the court of the learned District & Additional
Sessions Judge-VI-cum-Special Judge, SC/ST, Dhanbad is, hereby, quashed.
8. Accordingly, this petition stands allowed and disposed of.
9. Consequently, I.A. No.6269 of 2022 stands disposed of.
(Sanjay Kumar Dwivedi, J.)
Ajay/
