Shahid Ali @ Md. Shahid Ali, son of Md. Jamal v. State of Jharkhand
2022-06-09
SANJAY KUMAR DWIVEDI
body2022
DigiLaw.ai
JUDGMENT : 1. This petition has been filed for quashing the entire criminal proceeding including the FIR in connection with Jharia P.S.Case No.177 of 2020, registered under sections 147, 148, 149, 341, 323, 188, 269, 270, 325, 324, 427, 504, 506, 354, 307, 337, 338, 452 of I.P.C and section 3 of Epidemic Diseases Act, 1897 and section 51 of Disaster Management Act, 2005, pending in the court of learned A.C.J.M, Dhanbad. 2. The F.I.R has been lodged by the informant alleging therein that on 30.08.2020 at about 1.45 p.m his son namely Md. Jamal was going for his personal work to UPar Kulha from his motorcycle bearing reg. No.JH10BS-4546, in the meantime Md. Shahid Ali and Md. Shaad Ali starting assaulting him by firsts and slaps and thrashed him on the ground. They also damaged the motorcycle of his son. On information when the informant alongwith his wife reached at the place of occurrence, they also started assaulting them and also misbehaved with the wife of the informant,. Thereafter, the informant raised alarm upon that local people gathered at the place and the associates of Md. Shahid also came there and they started pelting stones. The accused persons also entered into the house of the informant and damaged the household articles at home. In the alleged occurrence several persons were sustained injuries. Accordingly, the case has been instituted. 3. The learned counsel for the petitioners submits that although various sections of the IPC are there but now both the parties have settled the dispute and in view of the several judgments of Hon’ble Supreme Court as well as this Court, this Court may interfere and quash the criminal proceeding against the petitioners and the learned counsel for the petitioner placed reliance in the case of ‘Narinder Singh & Ors. Versus State of Punjab & Anr.’ reported in (2014) 6 SCC 466 and ‘Pawan Ojha v. The State of Jharkhand and Anr.’ [Cr.M.P.No.623 of 2017] vide order dated 21.03.2022. On these grounds, he submits that this Court may interfere and quash the entire criminal proceeding. 4. Mr. Pran Pranay, the learned counsel has suo muto appeared on behalf of the O.P.No.2 and he submits that the informant is not willing to proceed in the case. 5.
On these grounds, he submits that this Court may interfere and quash the entire criminal proceeding. 4. Mr. Pran Pranay, the learned counsel has suo muto appeared on behalf of the O.P.No.2 and he submits that the informant is not willing to proceed in the case. 5. In view of the above facts and the submissions of the learned counsels appearing on behalf of the parties, the Court has looked into the FIR where there is serious allegation of assault on the son of the informant as well as wife of the informant are there and several persons were involved in assaulting the persons and they were armed with deadly weapons and they also entered into the house of the informant and they have also misbehaved with one of the child. This is a crime against the society. There is no doubt that even in the cases which are not compoundable and the parties have entered into compromise, the case can be quashed under section 482 Cr.P.C by the High Court, however, there are parameters of quashing the entire criminal proceeding under section 482 Cr.P.C. This aspect of the matter has also been held by the Hon’ble Supreme Court in the case of ‘Narinder Singh & Ors. Versus State of Punjab & Anr.’ as relied by the learned counsel for the petitioners. In the case of Cr.M.P.No.623 of 2017 as relied by the learned counsel for the petitioners, there was dispute between the two individuals and that is why on the basis of compromise that petition has been allowed and these two judgments are not helping the petitioners since there is allegations of assaulting the persons and the names have also been disclosed. This is crime against the society. 6. The Court is not inclined to quash the FIR at this stage as the cognizance has not been taken as yet. 7. Cr.M.P. No.998 of 2022 is accordingly dismissed.