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2022 Supreme(Jhk) 1404

SANJAY KUMAR DWIVEDI
Shambhu Mandal – Appellant
Versus
State of Jharkhand – Respondent


Advocates Appeared:
For the Petitioners: Mr. Gautam Kumar Singh.
For the Opposite Parties : Ms. Shivani Kapoor, Mr. Rahul Kumar Singh.

JUDGMENT :

Heard Mr. Gautam Kumar Singh, learned counsel for the petitioners, Ms. Shivani Kapoor, learned counsel for the State and Mr. Rahul Kumar Singh, learned counsel for opposite party no.2.

2. This petition has been filed for quashing the entire criminal proceedings including the FIR being Taljhari P.S. Case No.207/2019, corresponding to G.R. Case No.1233/2019 arising out of P.C.R. Case No.275/2018 including the order taking cognizance dated 14.05.2020 against petitioner no.1, pending in the court of the learned Additional Sessions Judge, 1st cum Special Judge, SC/ST Act, Sahibganj.

3. Mr. Gautam Kumar Singh, learned counsel for the petitioners submits that there is no ingredients of Section 3(i)(v) of the SC/ST Act. He further submits that entire occurrence took place in the house and not in the public place. He also submits that both the parties have compromised the matter and for that joint compromise petition being I.A. No.1819 of 2022 has been filed. He further submits that due to enmity and altercation, the case has been filed by opposite party no.2, however the ingredients of the SC/ST Act is not there. He further submits that since the compromise has been entered into

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