Jharkhand High Court
Abhijit Kumar @ Abhijeet Kumar vs The State Of Jharkhand on 18 October, 2023
1
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (Cr.) No. 784 of 2023
1. Abhijit Kumar @ Abhijeet Kumar
2. Vidya Baraik
...... Petitioners
Versus
1.The State of Jharkhand
2. Sangeeta Devi ...... Respondents
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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
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For the Petitioners : Mr. Yogesh Modi, Advocate
For the State : A.C. to A.A.G-V.
For the O.P. No. 2 : Mr. Rajesh Kumar, Advocate
3/Dated: 18/10/2023
Heard Mr. Yogesh Modi, learned counsel for the petitioners,
learned A.C. to A.A.G.-V appearing for the State and Mr. Rajesh Kumar, learned
counsel for the respondent No. 2.
2. This criminal miscellaneous petition has been filed for quashing of
entire criminal proceeding including order taking cognizance dated 16.03.2023
passed in connection with Simdega P.S. Case No. 186/2022, corresponding to
G.R. Case No. 131 of 2023, pending in the Court of learned Chief Judicial
Magistrate, Simdega.
3. The F.I.R. has been lodged alleging therein at about 05:30 am
in the morning, the father-in-law of the informant namely, Gulab Nayak, had
gone out of his house on his bicycle. At around 07:00 am she was informed by
two local people that her father-in-law Gulab Nayak had met with an accident.
On hearing this she along with her husband Pradeep Nayak reached at NH 143
near Bhedikudar and saw that her father-in-law Gulab Nayak was lying in
injured condition on the side of the road. On inquiry it was transpired that
vehicle bearing no. JH 20 F 1209 and JH 09 AD 7334 collided with each other
from the side, due to which her father-in-law's cycle also got pushed and he fell
down on the side of the road due to which he got injured. It is stated that her
father-in-law Gulab Nayak and other injured were taken to hospital for
treatment. On the basis of the aforesaid written application Simdega P.S Case
no. 186/2022 was registered on 25.11.22, for alleged offence u/s 279, 337,
338, 427 I.P.C. against two persons.
4. Mr. Yogesh Modi, learned counsel appearing for the petitioners
submits that the petitioner no.1 is the owner of vehicle no. JH 09 AD 7334
and petitioner no. 2 is owner of the vehicle no. JH20F 1209. He submits that
the case is arising out of accident and there is negligence on the part of both
the sides. He submits that now the dispute has been settled between the
parties and pursuant to that the petitioners paid Rs. 2 lakhs to the respondent
no.2 due to injury received by the father-in-law of the respondent no.2.
5. Mr. Rajesh Kumar, learned counsel appearing for the respondent
no.2 accepts the submission of learned counsel for the petitioners and submits
that respondent no.2 has received Rs. 2 lakhs due to the injury received by her
father-in-law. He submits that the matter has been compromised between
the parties for that a joint compromise petition has been filed on behalf of
petitioners as well as respondent no.2 by way of I.A. No. 9434 of 2023 seeking
permission to compromise the case. The said I.A. is supported with separate
affidavit of the petitioners as well as respondent no.2. He submits that
respondent no.2 does not want to proceed further in this case.
6. In view of the aforesaid facts and considering the joint
compromise petition filed by both the parties before this Court stating that
compromise has reached between the parties, the respondent no.2 has
received Rs. two lakhs which has been accepted by the learned counsel for the
respondent no.2, the respondent no. 2 does not want to proceed with the
case, no societal interest is involved in this case and also taking into
consideration the judgments of Hon'ble Supreme Court in the cases 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 including order taking
cognizance dated 16.03.2023 passed in connection with Simdega P.S. Case No.
186/2022, corresponding to G.R. Case No. 131 of 2023, pending in the Court of
learned Chief Judicial Magistrate, Simdega, are hereby quashed.
7. This petition stands allowed and disposed of. I.A. No.9434 of
2023 also stands disposed of.
( Sanjay Kumar Dwivedi, J.)
Satyarthi/
