Ullas Kar Sahu @ Sri U. K. Sahu @ U. K. Sah, S/o. Krishna Chandra Sahu v. State of Jharkhand
2022-05-13
SANJAY KUMAR DWIVEDI
body2022
DigiLaw.ai
JUDGMENT : 1. Heard Mr. Shailesh, learned counsel for the petitioner, Mr. P.D. Agrawal, learned counsel for the State and Mr. Vijay Kant Dubey, learned counsel for opposite party no.2. 2. This petition has been taken through Video Conferencing in view of the guidelines of the High Court taking into account the situation arising due to COVID-19 pandemic. None of the parties have complained about any technical snag of audio-video and with their consent this matter has been heard. 3. This petition has been filed for quashing entire criminal proceeding arising out of C.P. Case No.3075/2013 including the order taking cognizance dated 20.08.2015, pending in the court of the learned Judicial Magistrate, 1st Class, Dhanbad. 4. Mr. Shailesh, learned counsel for the petitioner submits that the case is arising out of commercial transaction between the petitioner and opposite party no.2 and it has been alleged by the complainant that the petitioner did not clear commission amount and therefore the complaint case has been filed. He further submits that now both the parties have settled the dispute and for that I.A. No.3183 of 2022 has been filed for joint compromise. He also submits that sum of Rs.2 Lakhs by way of bank draft dated 07.04.2022 has been paid to opposite party no.2 as full and final settlement of all financial transaction existing between the petitioner and opposite party no.2 and in view of that this petition may be allowed by this Court. 5. Mr. Vijay Kant Dubey, learned counsel for opposite party no.2 accepts the submission of Mr. Shailesh, learned counsel for the petitioner and submits that the reason for allowing the petition has been disclosed in the said I.A. He further submits that the amount in question has been received by opposite party no.2 as full and final settlement of all financial transaction. 6. In view of the above facts and considering that both the parties have settled the dispute and the amount in question has already been paid to opposite party no.2 as full and final settlement and there is no societal interest involved in this petition and also looking to the judgments passed by the Hon'ble Supreme Court in the case of Gian Singh Vs. State of Punjab & Anr. reported in (2012) 10 SCC 303 and in the case of Narinder Singh & Ors.
State of Punjab & Anr. reported in (2012) 10 SCC 303 and in the case of Narinder Singh & Ors. Versus State of Punjab & Anr., reported in (2014) 6 SCC 466 , it is a fit case to exercise power under Section 482 Cr.P.C. Accordingly, the entire criminal proceeding arising out of C.P. Case No.3075/2013 including the order taking cognizance dated 20.08.2015, pending in the court of the learned Judicial Magistrate, 1st Class, Dhanbad is, hereby, quashed. 7. Resultantly, this petition stands allowed and disposed of. 8. Consequently, I.A. No.3183 of 2022 stands disposed of.