Dilip Sahu @ Dilip Kumar Saw v. State of Jharkhand
2022-07-08
SANJAY KUMAR DWIVEDI
body2022
DigiLaw.ai
JUDGMENT : Heard Mr. A.K. Chaturvedy, learned counsel for the petitioners, Mr. Satish Prasad, learned counsel for the State and Mr. Zaid Ahmad, learned counsel for the O.P. No.2 2. This criminal miscellaneous petition has been filed for quashing of F.I.R. including entire criminal proceeding in connection with Simdega P.S. Case No. 72 of 2021 registered under sections 341, 342, 323, 504, 506/34 of I.P.C. and under section 3(1)(x) of Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act, pending in the Court of learned Additional Sessions Judge-cum-Special Judge (SC/ST) Simdega. 3. Mr. A. K. Chaturvedy, learned counsel appearing for the petitioners submits that due to enmity the F.I.R. has been lodged under the penal sections as well as SC/ST Act. He further submits that the dispute is with regard to supply of electricity. He submits that now good relation has prevailed between the parties and the matter has been compromised. 4. Mr. Zaid Ahmed, learned counsel for the O.P. No. 2 accepts the submission of the learned counsel for the petitioners. He further submits that matter has been compromised between the petitioner and O.P. No. 2 and O.P. No. 2 does not want to proceed further with this case.. 5. Learned counsel for the parties jointly submit that the dispute was between two individual that has been settled. 6. Learned counsel for the State fairly submits that as the matter has been compromised, the Court may pass appropriate order. 7. Recently the Hon’ble Supreme Court has considered the compromise matter and it has been held that if the offence is covered under a special statute would not refrain the High Court from exercising the powers under Section 482 of the Cr.P.C. In the case of “Ramawatar V. State of Madhya Pradesh” [Criminal Appeal No. 1393 of 2011] wherein at paragraph 16, it has been observed as follows:- “16. On the other hand, where it appears to the Court that the offence in question, although covered under the SC/ST Act, is primarily private or civil in nature, or where the alleged offence has not been committed on account of the caste of the victim, or where the continuation of the legal proceedings would be an abuse of the process of law, the Court can exercise its powers to quash the proceedings.
On similar lines, when considering a prayer for quashing on the basis of a compromise/settlement, if the Court is satisfied that the underlying objective of the Act would not be contravened or diminished even if the felony in question goes unpunished, the mere fact that the offence is covered under a special statute would not refrain this Court or the High Court, from exercising their respective powers under Article 142 of the Constitution or Section 482 Cr.P.C.” 8. Even in non-compoundable offence compromise has been considered by the Hon’ble Supreme Court in the case of Narinder Singh & Ors. Versus State of Punjab & Anr., reported in (2014) 6 SCC 466 . 9. In view of the aforesaid facts and considering the compromise between the parties, the Court is inclined to invoke its power conferred under section 482 Cr.P.C. As such entire criminal proceeding so far as petitioners is concerned is hereby quashed for the following reasons :- (i) the criminal proceeding is private in nature, (ii) nature of F.I.R. is with regard to supply of electricity and (iii) criminal administrative justice is unaffected in view of amicable settlement between the parties. 10. In view of the above facts and considering the judgments of Hon’ble Supreme Court in the case of “Ramawatar (supra) and Narinder Singh & Ors. (Supra), the entire criminal proceeding in connection with Simdega P.S. Case No. 72 of 2021 registered under sections 341, 342, 323, 504, 506/34 of I.P.C. and under section 3(1)(x) of Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act, pending in the Court of learned Additional Sessions Judge-cum-Special Judge (SC/ST) Simdega, so far as petitioners are concerned, are hereby quashed. 11. Cr. M.P. No. 1631 of 2022 stands allowed and disposed of. Pending interlocutory application, if any, also stands disposed of.