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2017 DIGILAW 367 (JHR)

Satish Kumar Deo @ Satish Singh v. State Of Jharkhand

2017-02-20

RONGON MUKHOPADHYAY

body2017
ORDER Mr. Rongon Mukhopadhyay, J. – Heard Mr. H. K. Shikarwar, learned counsel appearing for the petitioner, Mr. Krishna Shankar, learned A.P.P. for the State and Mr. Satyendra Kumar Singh, learned counsel appearing for the opposite party No. 2 2. In this application, the petitioner has prayed for quashing the entire criminal proceedings in connection with Ratu P.S. Case No. 52 of 2014 (G.R. No. 1145 of 2014) registered for the offences punishable u/s 447, 341, 323, 506 and 504 of the Indian Penal Code (IPC) and Section 3(i)(x) of the Schedule Caste and the Schedule Tribe (Prevention of Atrocities) Act, pending before the Court of learned Judicial Magistrate, Ranchi. 3. An allegation was made in the F.I.R. that the petitioner had come to the nursling home of the opposite party No. 2 and threatened to kill and also assaulted him by hand and with stone, but due to intervention of the staff of the opposite party No. 2 he was some how saved. The further allegation has been made that on account of the incident there was a hindrance in treatment of patients and there was apprehension in the mind of the opposite party No. 2 that possibility of some incident cannot be ruled out in future. Based on the aforesaid allegation Ratu P.S. Case No. 52 of 2014 was instituted. 4. It has been submitted by learned counsel for the petitioner the petitioner is a practicing lawyer of this Court and the dispute is trivial in nature, which has been compromised between both the sides and to this effect a joint compromise petition has been filed by way of I.A. No. 1562 of 2015. 5. Mr. Satyendra Kumar Singh, learned counsel, appearing for the opposite party No. 2 has accepted the factum of compromise and has submitted that the dispute has finally been settled and therefore the opposite party No. 2 does not intend to proceed further with the criminal proceeding. 6. It appears from the I.A. No. 1562 of 2015 that the dispute between the parties has been settled and in fact a compromise agreement has also been brought on record in which the petitioner as well as the opposite party No. 2 are signatories. Since the parties have settled the dispute and the settlement agreement entered into between both the sides is on record, continuation of the criminal proceeding would be an act in futility. Since the parties have settled the dispute and the settlement agreement entered into between both the sides is on record, continuation of the criminal proceeding would be an act in futility. Accordingly, this application is allowed and the entire criminal proceedings in connection with Ratu P.S. Case No. 52 of 2014 (G.R. No. 1145 of 2014), pending before the Court of learned Judicial Magistrate, Ranchi is hereby quashed and set aside. Pending I.A. also stands disposed of.