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2017 DIGILAW 1021 (JHR)

Pintu Kumar v. State Of Jharkhand

2017-07-03

RONGON MUKHOPADHYAY

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JUDGMENT Rongon Mukhopadhyay, J. – Heard Mr. Sumit Prakash, learned counsel appearing for the petitioners and Mr. Lalit Yadav, learned counsel appearing for the opposite party no. 2. 2. In this application the petitioners have prayed for quashing of the entire criminal proceedings in connection withs Sukhdeo Nagar P.S. Case No. 36 of 2017 which has been registered for the offences punishable under Sections 341, 323, 504, 506/34 of the Indian Penal Code and Sections 2/3 of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. 3. The only point which has been raised by the learned counsel for the petitioners is that the matter has been settled between the parties at the behest of the well wishers and in view of such settlement which is recorded in I.A. No. 5203 of 2017 the entire criminal proceedings as against the petitioners deserves to be quashed and set aside. 4. Mr. Lalit Yadav, learned counsel appearing for the opposite party no. 2, has accepted the factum of compromise and he has further submitted that he does not have any objection if the entire criminal proceedings is quashed as against the petitioners. 5. It appears that the First Information Report was instituted in which it was alleged that some drunken persons had entered into the office of an Advocate and had started throwing files. It is alleged that the informant was present in the house and he managed to flee away but subsequently the people of neighbourhood had came and started beating the informant as well as the Advocate. It is also alleged that the accused persons had insulted the informant by taking the name of his caste. 6. Based on the aforesaid allegation Sukhdeo Nagar P.S. Case No. 36 of 2017 has been instituted. 7. It appears that the informant and the petitioners are the neighbours and at the behest of the well wishers the matter has finally been settled between the parties. 8. I.A. No. 5203 of 2017 is by way of a joint compromise petition which reveals the said fact and an undertaking is also given by the opposite party no. 2 that he shall withdraw the criminal case instituted against the petitioners. The dispute having finally been settled between the parties it will be an act in futility in continuing with the criminal case as against the petitioners. 2 that he shall withdraw the criminal case instituted against the petitioners. The dispute having finally been settled between the parties it will be an act in futility in continuing with the criminal case as against the petitioners. Moreover, the dispute is purely private in nature and does not affect the societal interest. 9. In such view of the matter, therefore, on the basis of compromise, this applications is allowed and the entire criminal proceedings in connection withs Sukhdeo Nagar P. S. Case No. 36 of 2017 for the offences punishable under Sections 341, 323, 504, 506/34 of the Indian Penal Code and Sections 2/3 of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act is, hereby, quashed and set aside. 10. Pending I.A., if any, also stands disposed of.