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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SANJAY KUMAR DWIVEDI, J.
The Branch Manager, UCO Bank, Jharia Branch – Petitioner
Versus
The State of Jharkhand and Another – Respondents
Cr. M.P. No. 1445 of 2016
Decided On : 02-01-2024
Compromise - Criminal Proceeding - The court quashed the entire criminal proceeding, including the order taking cognizance, based on the compromise between the parties and the previous court orders.
Fact of the Case:
The petitioner filed a petition to quash the criminal proceeding, citing a previous order quashing a similar case and a compromise between the parties.
Finding of the Court:
The court found that a compromise had taken place between the parties, which was recorded in a previous order, and based on this, the entire criminal proceeding was quashed.
Issues: The main issue was whether the entire criminal proceeding, including the order taking cognizance, should be quashed based on the compromise between the parties.
Ratio Decidendi: The court's decision was influenced by the compromise between the parties, as recorded in a previous order, and the fact that a similar case had been quashed previously.
Final Decision: The petition was allowed, and the entire criminal proceeding, including the order taking cognizance, was quashed.
1. Heard the learned counsel for the petitioner, learned counsel for the respondent-State and the learned counsel for the O.P. No. 2.
2. This petition has been filed for quashing of the entire criminal proceeding including the order taking cognizance dated 12.01.2016, arising out of C.P. Case No. 1084 of 2015, pending in the court of learned Judicial Magistrate, First Class, Dhanbad.
3. The learned counsel for the petitioner submits that the case of Managing Director of UCO Bank who is Chief Executive Officer of UCO Bank has already been quashed by this Court in Cr. M.P. No. 420 of 2016 by order dated 20.04.2016. She further submits that the allegation against the petitioner is same and similar to that of the other accused persons. She further submits that this dispute was the subject matter in W.P. (C) No. 7448 of 2016 and in view of order of learned Single Judge the matter was further subject matter of L.P.A. No. 452 of 2022 and by order dated 08.12.2023 considering the compromise between the parties the said L.P.A. was allowed and order of learned Single Judge has been quashed by the learned Division Bench. In view of that she submits that the entire criminal proceeding may kindly be quashed.
4. Mr. Lukesh Kumar, the learned counsel for the O.P. No. 2 accepts the said submission and submits that the entire criminal proceeding may kindly be quashed.
5. Mr. Azeemuddin, the learned counsel for the respondent State has not disputed the said argument of the learned counsel for the petitioner and the O.P. No. 2.
6. In view of above and considering that compromise has been taken place between the parties which has been recorded in the order dated 08.12.2023 passed in L.P.A. No. 452 of 2022 and said L.P.A. was allowed. The order of the learned Single Judge was dated 02.08.2022 passed in W.P. (C) No. 7448 of 2016 was set aside. The dispute is with regard to certain lease rent. The photocopy of the order is produced which has been taken on record.
7. In view of above, the entire criminal proceeding including the order taking cognizance dated 12.01.2016, arising out of C.P. Case No. 1084 of 2015, pending in the court of learned Judicial Magistrate, First Class, Dhanbad is quashed.
8. This petition is allowed and disposed of.
9. Pending petition if any also stands disposed of.
Suspicion alone is insufficient for criminal proceedings; there must be credible evidence to support allegations to prevent abuse of legal process.
The court established that criminal proceedings should not be used as a tool for harassment in civil disputes, and that the existence of a civil remedy precludes the initiation of criminal proceeding....
Quashing of criminal proceedings based on a mediated settlement between parties.
The central legal principle established in the judgment is that disputes of a civil nature, such as non-encashment of a mutual fund, should be addressed through consumer fora rather than criminal pro....
The court emphasized the importance of specifying the individual responsible when taking cognizance in criminal proceedings.
Court cannot interfere at trial stage if proceedings have commenced.
The court's decision was influenced by the principle that in cases of private civil disputes with a complete settlement between the offender and the victim, the possibility of conviction being remote....
Exercise of inherent jurisdiction – Stage and timing of settlement play a crucial role in determination as to whether to exercise power under Section 482 of Cr.P.C. 1973 or not.
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