Dr. Kavita Tirkey vs The State Of Jharkhand And Another
2023 Latest Caselaw 3851 Jhar

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             IN THE HIGH COURT OF JHARKHAND, RANCHI
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W.P.(Cr.) No. 280 of 2023

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      Dr. Kavita Tirkey                               .... Petitioner
                                 --    Versus   --
      The State of Jharkhand and Another              .... Respondents
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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Petitioner :- Mr. Rishav Kumar, Advocate For the Respondent State :- Mr. Pradeep Kumar, Advocate For the O.P.No.2 :- Mr. Harsh Raj, Advocate

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3/10.10.2023 This petition has been file for quashing of the entire

criminal proceeding in connection with Complaint Case No.10407 of 2022

including the order taking cognizance dated 27.02.2023, pending in the

court of learned Judicial Magistrate-XXI, at Ranchi.

2. For non-transfer of the land in question the complaint case

has been filed and the learned court has taken cognizance.

3. The learned counsel for the petitioner submits that four of

the accused have appeared before the learned court of Sessions Judge

and the said matter was sent to mediation centre, Ranchi and pursuant

to that, a compromise has reached between the parties. He submits that

out of Rs.19 lacs, Rs.15 lacs has been received by the informant and only

Rs.4 lacs is required to be paid by the accused persons. He submits that

the order of the learned court is also annexed with the I.A. No.8994 of

2023 and demand draft of Rs.4 lac is also ready and a photo copy of the

same is annexed therein. On this ground, he submits that the entire

criminal proceeding so far as this petitioner is concerned may kindly be

quashed.

4. Learned counsel for the O.P.No.2 accepts the submission of

the learned counsel for the petitioner and submits that Rs.15 lacs has

been received and the compromise is there. He submits that the

complainant is not willing to proceed in the case.

5. Learned counsel for the respondent State submits that the

compromise is there.

6. In view of submission of the learned counsels appearing on

behalf of the parties and further looking to the order passed in

A.B.P.No.1735 of 2023 and the photocopy of the demand draft of Rs.4

lacs annexed with the said I.A., it appears that for a civil wrong, the

complaint case is filed and as submitted the compromise has already

been taken place between the parties. There is no societal interest

involved as the dispute is of transfer of land and further considering the

judgment rendered 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, entire criminal

proceeding in connection with Complaint Case No.10407 of 2022

including the order taking cognizance dated 27.02.2023, pending in the

court of learned Judicial Magistrate-XXI, at Ranchi so far as this petitioner

is concerned are quashed.

7. W.P.(Cr.) No.280 of 2023 is allowed and disposed of.

8. I.A. No.8994 of 2023 stands disposed of.

( Sanjay Kumar Dwivedi, J.)

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