Rajiv Sablok, Son of Sundershan Sablok v. State of Jharkhand
2017-08-02
RONGON MUKHOPADHYAY
body2017
DigiLaw.ai
Order Heard the parties. In this application, the petitioner has prayed for quashing the entire criminal proceeding in connection with C.P. Case No. 2449 of 2013 including the order dated 10.11.2014, passed by the learned Judicial Magistrate, 1st class, Dhanbad, whereby and whereunder cognizance has been taken for the offence under sections 418, 406, 477A and 489 of the Indian Penal Code. At the outset, it has been submitted by the learned counsel for the petitioner that matter has been compromised between the parties, for which he has referred to I.A. No.4885 of 2017, which contains joint compromise petition filed before the learned Magistrate. It has been submitted that grievance of the petitioner has been redressed and since the matter has been compromised, entire criminal proceeding as against the petitioner deserves to be quashed and set aside. Mr. Dinesh Kumar, learned counsel for O.P. No. 2, has accepted the factum of compromise and has submitted that he does not have any objection if the entire criminal proceeding against the petitioner is quashed . It appears from the allegation that the dispute is with respect to purchase of a new Alto LXI CAR. It has been alleged that certain benefits were not given by the company and from the insurance paper, it appears that second hand used car was sold to the O.P. No. 2. Based on the aforesaid allegations, C.P. Case No. 2449 of 2013 was instituted. Upon conducting an enquiry under section 202 Cr.P.C., cognizance was taken by the learned Judicial Magistrate, 1st class, Dhanbad for the offence under sections 418, 406, 477A and 489 of the Indian Penal Code. I.A. No. 4885 of 2017 has been filed, in which joint compromise petition filed before the learned Judicial Magistrate, 1st class, at Dhanbad, has been brought on record. Perusal of the joint compromise petition reveals that dispute and difference between the parties have been settled and good relationship has been restored between the parties. It appears from the submission of learned counsel for O.P. No. 2 that O.P. No. 2 is not interested to pursue the criminal case instituted by him. Since the matter has been settled, it would be an act in futility to continue with the criminal proceeding against the petitioner.
It appears from the submission of learned counsel for O.P. No. 2 that O.P. No. 2 is not interested to pursue the criminal case instituted by him. Since the matter has been settled, it would be an act in futility to continue with the criminal proceeding against the petitioner. Accordingly, in view of what has been stated above, this application is allowed and the entire criminal proceeding in connection with C.P. Case No. 2449 of 2013 including the order dated 10.11.2014, passed by the learned Judicial Magistrate, 1st class, Dhanbad, whereby and whereunder cognizance has been taken for the offence under sections 418, 406, 477A and 489 of the Indian Penal Code, is hereby quashed and set aside. Pending I.As, if any, stand disposed of.