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2021 Supreme(Jhk) 378

IN THE HIGH COURT OF JHARKHAND AT RANCHI
Sanjay Kumar Dwivedi, J.
Madan Mohan Singh and ors. - Petitioners
Versus
The State of Jharkhand and ors. – Opp. Parties
Cr.M.P. No. 1584 of 2021
Decided On : 28-09-2021

Advocates:
Advocate Appeared:
For the Petitioner:Mr. Ajit Kumar, Sr. Advocate, Mr. Chanchal Jain, Advocate
For the Respondent:Mr. Abhishek Singh, A.C. to G.A.-V, Mr. Kumar Pawan, Advocate

Headnote:

Criminal Procedure Code,1973 - Section 156(3)and 173 - Indian Penal Code ,1860 - Sections 188/406/420/468/120B ,307,211 and 320 - Corruption Act – Power to investigate cognizable case – Punishment for criminal breach of trust - Complainant has filed Complaint Case stating therein that his wife worked from School affiliated to CBSE Board however management of school of which petitioner is secretary, who violated all regulations of CBSE Board and Central Government Guidelines - It is further alleged that teachers and other staffs of said school are not given salary as per standard scale and students and parents are exploited financially - Criminal miscellaneous petition has been filed for quashing of F.I.R. arising out of P.S. Case registered under sections 188/211/406/420/468/500 and 120-B of Indian Penal Code and also for quashing of order taking cognizance including entire criminal proceeding arising out of P.S. Case pending in Court of Judicial Magistrate - Held Court Aforesaid facts and considering that joint compromise petition filed by both parties before Court, wife of O.P. was working in school where petitioner was secretary and now she has retired, there is no societal interest involved in Court case and also taking into consideration judgments of Hon’ble Supreme Court in cases of no purpose will serve in allowing to continue proceeding - Accordingly, F.I.R. arising out of P.S. Case and order taking cognizance including entire criminal proceeding arising out of P.S. Case pending in Court of Judicial Magistrateare hereby, quashed - Miscellaneous petition allowed disposed of.

JUDGMENT :

Heard Mr. Ajit Kumar, learned senior counsel for the petitioner, Mr. Abhishek Singh, learned counsel for the State and Mr. Kumar Pawan, learned counsel for the O.P. No. 2.

2. This petition has been heard 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 criminal miscellaneous petition has been filed for quashing of F.I.R. arising out of Sidhgora P.S. Case No. 23 of 2021 registered under sections 188/211/406/420/468/500 and 120-B of the Indian Penal Code and also for quashing of order taking cognizance dated 16.06.2021 including entire criminal proceeding arising out of Sidhgora P.S. Case No. 23 of 2021, pending in the Court of Judicial Magistrate, Ist Class, Jamshedpur.

4. The complainant has filed Complaint Case No. 468/2021 stating therein that his wife namely, Shabnam Kumari worked from 03.01.1997 till 27.07.2019 in Netaji Subhas Public School affiliated to CBSE Board however the management of the school of which petitioner no. 1 is secretary, who violated all the regulations of the CBSE Board and the Central Government Guidelines. It is further alleged that the teachers and other staffs of the said school are not given salary as per the standard scale and the students and parents are exploited financially. It is further alleged that the secretary illegally withdraws salary from the bank account of the staffs and teachers working in the school and several irregularities were done in payment of salary of the teachers and staffs and when the said act was opposed by the teachers/staffs, they were given oral instruction not to come to the school from the next day. It is further alleged that Rs. 4,27,50,000/-has been embezzled from the account of the informant’s wife. On the basis of these allegations, the complaint case was filed.

5. Mr. Ajit Kumar, learned senior counsel appearing for the petitioners submits that initially the complaint petition was filed, whereby, by order dated 12.02.2021, the complaint was referred to the concerned police station under Section 156(3) Cr.P.C. for institution of F.I.R. and investigate the matter. Pursuant thereto Sidhgora P.S. Case No. 23 of 2021 under sections 188/211/406/420/468/500 and 120B has been registered. He further submits after investigation police submitted final form stating therein that there is no material against the petitioners thereafter the case was directed to be closed. Thereafter, a protest-cum-complaint petition has been filed by the O.P. No. 2, pursuant thereto cognizance has been taken vide order date 16.06.2021 under sections 188/406/420/468/120-B of the Indian Penal Code against the petitioners. He further submits that now the petitioners and O.P. No. 2 have entered into a compromise and the matter has been amicably settled and for that I.A. No. 4524 of 2021 has been filed, which has also been affidavit by O.P. No. 2 and petitioner no. 1. He further submits that by way of this interlocutory application, joint compromise petition has been brought on record, as contained in Annexure-IA/1 to the said I.A.

6. Mr. Kumar Pawan, learned counsel appearing for the O.P. No. 2 also accepts about the compromise arrived at between the parties.

7. Mr. Abhishek Singh, learned counsel for the State submits that there is no societal interest involved in this case and in the light of compromise, this Court may pass appropriate order.

8. In view of the above facts, the Court has gone through the Annexure-Annexure-IA/1 of the said I.A., wherein it has been mentioned that both the parties have entered into compromise. As the cognizance has been taken under sections 188/406/420/468/120B of the Indian Penal Code, Mr. Ajit Kumar, learned senior counsel for the petitioners submits that all the sections are compoundable except section 468 I.P.C. He submits that since e

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