Jharkhand High Court
Sarita Devi @ Sarita vs The State Of Jharkhand on 10 January, 2024
Author: Sanjay Kumar Dwivedi
Bench: Sanjay Kumar Dwivedi
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.M.P. No. 1498 of 2016
Sarita Devi @ Sarita ..... ... Petitioner
with
Cr.M.P. No. 2002 of 2015
Pratap Kumar Biswal ..... ... Petitioner
Versus
1. The State of Jharkhand.
2. Ashok Kumar Singh ..... ... Opposite Parties
[in both cases]
--------
CORAM : HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
------
For the Petitioners : Mr. A.K. Choudhary, Advocate.
: Mr. Saumitra Baroi, Advocate.
For the State : Mr. Abhay Kumar Tiwari, A.P.P.
: Mr. P.D. Agarwal, Spl.P.P.
For the O.P. No. 2 : Mr. Manish Yadav, Advocate.
: Mrs. Neeharika Mazumdar, Advocate.
------
08/ 10.01.2024 In both these cases common FIR is under challenge, as
such, both these petitions are being heard together with the consent of
the parties.
2. Heard Mr. A.K. Choudhary, learned counsel appearing for
the petitioner in Cr.M.P. No. 1498 of 2016, Mr. Saumitra Baroi, learned
counsel appearing for the petitioner in Cr.M.P. No. 2002 of 2015, Mr.
Abhay Kumar Tiwari, learned A.P.P. appearing for the State in Cr.M.P.
No. 1498 of 2016, Mr. P.D. Agarwal, learned Spl.P.P. appearing for the
state in Cr.M.P. No. 2002 of 2015, Mr. Manish Yadav, learned counsel
appearing for the O.P. No. 2 in Cr.M.P. No. 1498 of 2016 and Mrs.
Neeharika Mazumdar, learned counsel appearing for the O.P. No. 2 in
Cr.M.P. No. 2002 of 2015.
3. Both these petitions have been filed for quashing of the
entire criminal proceedings, in connection with Sitaramdera P.S. Case
No. 105 of 2015 corresponding to G.R. No. 1470 of 2015, pending in
the court of learned Judicial Magistrate, 1st Class, Jamshedpur.
4. Mr. A.K. Choudhary, learned counsel appearing for the
petitioner submits that the allegations are made of certain transaction of
amount between the parties and the amount invested by the O.P. No. 2
in both the cases have already been returned back to the O.P. No. 2 and
the compromise has entered into between the parties and considering
this aspect, one of the co-accused, who has faced the trial, has been
acquitted by the learned trial court by the judgment dated 19.06.2023.
He submits that for that the I.A. No. 2224 of 2020 [In Cr.M.P. No. 1498
of 2016] has been filed to compromise the case between the parties. On
these grounds, he submits that the entire criminal proceeding may
kindly be quashed.
5. The said argument of Mr. Choudhary is being accepted by
Mr. Baroi, learned counsel appearing for the petitioner in Cr.M.P. No.
2002 of 2015 as well as Mrs. Neeharika Mazumdar, learned counsel
appearing for the O.P. No. 2 in other Cr.M.P.
6. Learned counsels appearing for the O.P. No. 2 in respective
cases jointly submit that O.P. No. 2 has already received the amount
and also the O.P. No. 2 does not want to proceed with the matter any
further. Further they jointly submit that in light of the compromise
arrived at between the parties, one of the co-accused, who has faced the
trial, has already been acquitted by the learned court.
7. Learned A.P.Ps. appearing for the State in respective cases
accept this position that the amount has already been refunded in view
of the averments made in the I.A.
8. In view of the above, it appears that the case is personal in
nature for refund of certain amount and the said amount has already
been returned back to the O.P. No 2, in view of the compromise arrived
at between the parties. Further on the basis of said compromise, one of
the co-accused, who has faced the trail has already been acquitted, as
has been noted hereinabove and also there is no societal interest in
involved in the matter. Reference may be made to the case of Narinder
Singh & Ors. Versus State of Punjab & Anr., reported in (2014) 6
SCC 466 and further to the case of " Gian Singh Vs. State of Punjab
& Anr." reported in (2012) 10 SCC 303.
9. Accordingly, the entire criminal proceedings, in connection
with Sitaramdera P.S. Case No. 105 of 2015 corresponding to G.R. No.
1470 of 2015, pending in the court of learned Judicial Magistrate, 1st
Class, Jamshedpur, are hereby, quashed.
10. Both these petitions are allowed and disposed of. Pending
I.A., if any, stands disposed of.
(Sanjay Kumar Dwivedi, J.)
Amitesh/-
