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IN THE HIGH COURT OF JHARKHAND AT RANCHI
HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
Dhaneshwar Mahto, S/o Late Samal Mahto – Appellant
Versus
The State of Jharkhand – Respondents
Cr.M.P. No. 1394 of 2023
Decided on : 19-02-2024
[INTERLOCUTORY APPLICATION] - [CRIMINAL PROCEEDINGS] - [Cr.P.C. Section 482, IPC Sections 147, 323, 324, 325, 307, 341, 506, 34] - [The court discussed the inherent powers under Section 482 of the Cr.P.C. to quash criminal proceedings, emphasizing the importance of settlements between parties. It highlighted that while serious offences like Section 307 IPC are generally not quashed, the case's civil character and the parties' amicable resolution led to the decision to quash the proceedings, preventing abuse of the court process.]
Fact of the Case:
The petitioners filed an interlocutory application to amend their criminal miscellaneous petition to quash an order taking cognizance of various IPC offences, arguing that the dispute was settled amicably outside of court.
Finding of the Court:
The court found that the dispute had a civil character, and the parties had reached a full and final settlement. It noted that the continuation of the proceedings would cause undue oppression to the petitioners and that the possibility of conviction was remote.
Issues: Whether the criminal proceedings should be quashed based on the amicable settlement between the parties and the nature of the offences involved.
Ratio Decidendi: The court applied the principles from Narinder Singh v. State of Punjab, emphasizing that the inherent power under Section 482 Cr.P.C. can be exercised to quash proceedings when the parties have settled their disputes, particularly in cases with a predominantly civil character.
Final Decision: The court quashed the entire criminal proceeding and the related orders, allowing the criminal miscellaneous petition.
JUDGMENT :
ANIL KUMAR CHOUDHARY, J.
I.A. no. 1232 of 2024
Heard the parties.
Learned counsel for the petitioners submits that this interlocutory application has been filed with a prayer to allow the petitioners for amendment in para no. 1 and prayer portion of the main criminal miscellaneous petition by making the additional prayer of quashing the order dated 11.06.2020, which has wrongly been printed as 11.06.2022 in para 1 of this interlocutory application by which, cognizance for the offences punishable under Sections 147, 323, 324, 325, 307, 341, 506, and 34 of the IPC as well as the entire criminal proceeding against the petitioner; on the ground that his same being illegal and against the settled principle of law; in connection with Thakurgaon P.S. case no. 61 of 2019 corresponding to G.R. case no. 1331 of 2020 (S.T. no. 515 of 2021), hence it is submitted that the prayer for amendment be allowed.
Considering the aforesaid facts, the prayer is allowed and the petitioners are directed to incorporate the amendment with Red Ink in the criminal miscellaneous petition, during the course of the day.
This interlocutory application is disposed of accordingly.
Cr.M.P. No. 1394 of 2023
1. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this court under Section 482 of Cr.P.C with a prayer for quashing entire criminal proceeding as also the order dated 31.01.2023 and the order dated 11.06.2020, by which cognizance of the offence has been taken under Sections 147, 323, 324, 325, 307, 341, 506, and 34 of the IPC in connection with Thakurgaon P.S. case no. 61 of 2019 corresponding to G.R. case no. 1331 of 2020
(S.T. no. 515 of 2021).
2. Learned counsel for the petitioner and learned counsel for the opposite party no. 2 jointly; drawing attention of the court to the Interlocutory Application no. 1233 of 2024, which is supported by the separate affidavits of the informant-Dilu Mahto and pairvikar of the petitioners, submit that therein, it has been mentioned that the informant -opp. party no. 2, and the petitioners have settled their dispute outside the court with the intervention of their well-wishers, friends and relatives and amicably settled all their disputes. It is next jointly submitted by learned counsel for the petitioner and learned counsel for the opposite party no. 2 that the genesis of the occurrence is petty dispute and the allegation of the assault was with lathi and though there was no intention of the petitioners, to murder the informant at any point of time, but the allegation of commissions of the offence punishable under Section 307 of IPC has been made to make the case a serious one and the charge has not yet been framed in this case and thus the case is at a nascent stage. It is further submitted that the dispute between the parties is a private dispute and no public policy is involved in the present case. It is further submitted that in view of the full and final settlement between the petitioners and the opposite party no. 2, the opposite party no. 2 is not desirous to proceed with the case and the chance of the conviction of the petitioner is remote and bleak hence, continuation of the criminal proceeding will amount to abuse of the process of the court, hence, it is submitted that entire criminal proceeding as also the order dated 31.01.2023 and the order dated 11.06.2020, in connection with Thakurgaon P.S. case no. 61 of 2019 corresponding to G.R. case no. 1331 of 2020 (S.T. no. 515 of 2021) be quashed and set aside.
3. Learned Special. PP submits that the State has no objection to the prayer of quashing of the entire criminal proceeding as also the order dated 31.01.2023 and the order dated 11.06.2020, in connection with Thakurgaon P.S. case no. 61 of 2019 corresponding to G.R. Case no. 1331 of 2020 (S.T. no. 515 of 2021) in view of the compromise between the parties.
4. Having heard the submissions made at the Bar and after going through the materials available in the record, it is pertin
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