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2022 DIGILAW 1143 (JHR)

Subhash Singh v. State of Jharkhand

2022-09-12

SANJAY KUMAR DWIVEDI

body2022
JUDGMENT : Heard Mr. Shekhar Prasad Sinha, learned counsel for the petitioners, Mr. Ashish Kumar, learned counsel for the State and Mr. Nitish Krishna, learned counsel for opposite party no.2. 2. This petition has been filed for quashing of entire criminal proceedings in connection with Katras P.S. Case No.201/2020, corresponding to SC/ST Case No.69/2020, pending in the court of the learned District & Additional Sessions Judge-VI-cum-Special Judge, SC/ST, Dhanbad. 3. Mr. Shekhar Prasad Sinha, learned counsel for the petitioners submits that the case is registered under Section 341, 323, 427, 379, 506, 34 of the Indian Penal Code read with the offence under Section 3(iii)(x) of SC/ST Act. He further submits that the compromise has taken place and both the parties have settled the dispute. 4. Learned counsel Mr. Nitish Krishna has appeared suo motu on behalf of opposite party no.2 and he submits that due to enmity, the case has been lodged against the petitioners. He further submits that now good relationship has been developed and both the parties have settled their dispute. He also submits that I.A. No.6269 of 2022 has been filed for compromise and in paragraph 4 of the said I.A., it has been disclosed that due to some misconception the case has been lodged and now the same has been resolved. 5. Mr. Ashish Kumar, learned counsel for the State submits that now compromise has been taken place between the parties. 6. In view of the submissions of the learned counsel appearing for the parties and looking to the averments made in the said I.A., it transpires that both the parties have settled the dispute. Looking into the content of the FIR, it transpires that so far as SC/ST Act is concerned, it has not been disclosed that it has occurred in the public view. In this background, to allow the criminal proceedings to continue will amount to abuse of process of law. In the case of Narinder Singh & Ors. Looking into the content of the FIR, it transpires that so far as SC/ST Act is concerned, it has not been disclosed that it has occurred in the public view. In this background, to allow the criminal proceedings to continue will amount to abuse of process of law. In the case of Narinder Singh & Ors. v. State of Punjab & Anr., reported in (2014) 6 SCC 466 , the Hon'ble Supreme Court in paragraphs 27 and 29.2 has held that even in the cases which are non-compoundable and there is no societal interest, the High Court can quash the proceeding under Section 482 Cr.P.C. Recently in the case of Ramawatar v. State of Madhya Pradesh , reported in 2021 SCC OnLine SC 966 , the Hon'ble Supreme Court has held that in appropriate cases even in the cases alleged under SC/ST Act, the criminal proceeding can be quashed. 7. In view of the above facts and considering that compromise has taken place between the parties and there is no societal interest involved in the case and in light of the aforesaid judgments, the entire criminal proceedings in connection with Katras P.S. Case No.201/2020, corresponding to SC/ST Case No.69/2020, pending in the court of the learned District & Additional Sessions Judge-VI-cum-Special Judge, SC/ST, Dhanbad is, hereby, quashed. 8. Accordingly, this petition stands allowed and disposed of. 9. Consequently, I.A. No.6269 of 2022 stands disposed of.