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2022 DIGILAW 467 (JHR)

Md. Akil @ Feku son of Md. Khalil v. State of Jharkhand

2022-04-19

SANJAY KUMAR DWIVEDI

body2022
JUDGMENT : 1. Heard Md. Nasik Akhtar, learned counsel for the petitioner, Mr. Vineet Kumar Vashistha, learned counsel for the State and Mr. Sahid Yunus, learned counsel for the O.P. No.2. 2. This petition has been filed for quashing of orders dated 16.02.2018 and 14.09.2021 whereby warrant of arrest and process under section 82 Cr.P.C. respectively have been directed to be issued against the petitioner in connection with Giridih Town P.S. Case No. 116/2016, corresponding to G.R. No. 1307/2016, pending in the Court of learned Chief Judicial Magistrate, Giridih. . 3. Learned counsel for the petitioner submits that petitioner is working in Saudi Arabia and petitioner was not knowing about this case. He further submits that allegation is for refund of certain amount taken by the petitioner. He further submits that the wife of the petitioner and O.P. No. 2 have entered into compromise and the wife of the petitioner has paid a sum of Rs. 50,000/- and remaining amount of Rs. 25,000/- shall be paid to the O.P. No. 2 after withdrawal of the case. 4. Mr. Shahid Yunus, learned counsel for the O.P. No. 2 accepts the submission of the learned counsel for the petitioner. 5. In view of the submission of the learned counsel for the parties and considering that the case is arising out of payment of certain amount, the impugned orders have been passed in absence of execution report, orders dated 16.02.2018 and 14.09.2021 whereby warrant of arrest and process under section 82 Cr.P.C. respectively have been directed to be issued against the petitioner in connection with Giridih Town P.S. Case No. 116/2016, corresponding to G.R. No. 1307/2016, pending in the Court of learned Chief Judicial Magistrate, Giridih, are hereby quashed and set aside. 6. The matter is remitted back to the court concerned to proceed afresh in accordance with law. 7. It is open to the parties to pursue the compromise petition before the concerned court. 8. This petition stands disposed of. Pending I.A, if any, stands disposed of. 9. Let a copy of this order be communicated to the court concerned through FAX at the cost deposited by the petitioner.