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2017 DIGILAW 474 (JHR)

Sumeet Singh v. State of Jharkhand

2017-03-06

RONGON MUKHOPADHYAY

body2017
ORDER : Heard Mr. Suraj Singh, learned counsel appearing for the petitioners, Mr. S.K. Deo, learned A.P.P. for the State and Mr. Dhirendra Kumar Deo, learned counsel appearing for the opposite party No. 2. 2. In this application, the petitioners have prayed for quashing the entire criminal proceedings including the order dated 08.02.2016 passed by learned Chief Judicial Magistrate, Hazaribagh in connection with Protest cum Complaint Case No. 1016 of 2015, whereby and whereunder, cognizance for the offences punishable u/s 420 of the Indian Penal Code (IPC) has been taken. 3. Initially a complaint case being 2037 of 2014 was instituted by the opposite party No. 2 with respect to sell of a piece of land on a consideration amount of Rs. 66,11,000/- out of which Rs. 15,00,000/- has been paid as advance. It is alleged that the sale deed was never executed by the accused persons and ultimately on receipt of a legal notice, they have denied to execute the same, leading to institution of complaint. The said complaint was sent for registration of an F.I.R. u/s 156(3) Cr.P.C. and accordingly Sadar P.S. Case No. 1165 of 2014 was registered. Investigation resulted in submission of final form, stating the dispute to be civil in nature. The opposite party No. 2 filed a protest petition, pursuant to which cognizance was taken u/s 420 I.P.C. by the learned Chief Judicial Magistrate vide order dated 08.02.2016. 4. It has been submitted by learned counsel for the petitioners that the matter has been settled between both the sides and to this effect a deed of settlement has been entered into between them. Learned counsel submits that a major portion of the amount which was agreed upon has already paid to the opposite party No. 2 and the balance amount of Rs. 6 Lakhs is to be paid to the opposite party No. 2 after disposal of Title Suit No. 250 of 2014. It has therefore been submitted that in view of the compromise so arrived at, the entire criminal proceedings deserves to be quashed and set aside. 5. Mr. Dhirendra Kumar Deo, 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. 5. Mr. Dhirendra Kumar Deo, 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. It has also been submitted that except the amount of Rs. 6 Lakhs, entire amount has been received by the opposite party No. 2, as the cheques have been duly honoured. 6. It appears from the deed of settlement, which is on record that the dispute between the parties has been settled wherein it has been agreed a lump sum amount of Rs. 26,00,000/- shall be paid by the petitioners No. 1 and 2 to the opposite party No. 2 towards full and final settlement and out of which the petitioners No. 1 and 2 have handed over two post-dated cheques amount to Rs. 20,00,000/- in total, payment of which has been duly received by the opposite party No. 2. As per the agreement an amount of Rs. 6,00,000/- is due to be paid by the petitioners No. 1 and 2 after disposal of Title Suit No. 250 of 2014. 7. Since the matter has been compromised between the parties and a major portion of the amount which was agreed upon has already paid to the opposite party No. 2 and since the opposite party No. 2 has no grievance against the petitioners it would be an exercise in futility to continue with the criminal proceeding. Accordingly, this application is allowed and the entire criminal proceedings including the order dated 08.02.2016 passed by learned Chief Judicial Magistrate, Hazaribagh in connection with Protest cum Complaint Case No. 1016 of 2015, whereby and whereunder, cognizance for the offences punishable u/s 420 of the Indian Penal Code (IPC) has been taken, is hereby quashed and set aside. Pending I.A. stands disposed of.