IN THE HIGH COURT OF JHARKHAND AT RANCHI

Cr.M.P. No. 1036 of 2018

With

I.A. No. 8787 of 2019

Roopchand Baid

.... Petitioner(s).

Versus

1. The State of Jharkhand

2. Anil Kumar Srivastava

… Opp. Party(s).

With

Cr.M.P. No. 1342 of 2017

Siddhi Vinayak Logistic Ltd.

.... Petitioner(s).

Versus

1. The State of Jharkhand

2. Anil Kumar Srivastava

… Opp. Party(s).

____

CORAM

:

HON'BLE MR. JUSTICE ANANDA SEN.

Through: Video Conferencing

------

For the Petitioner(s)

: Mr. Ajay Kumar Sah, Advocate.

For the State

: A. P.P.

For Opp. Party(s)

: Mr. Sanjay Kumar Pandey, Advocate.

___

Cr.M.P. No. 1036 of 2018 with I.A. No. 8787 of 2019

05/18.01.2021:

The lawyers have no objection with regard to the proceeding, which

has been held through video conferencing today at 11:00 A.M. They have no

complaint in respect of the audio and video clarity and quality.

Heard the counsel for the parties.

By way of filing this petition, the petitioner has prayed for quashing

the entire criminal proceeding in connection with Mango (Ulidih) P.S. Case No.

180 of 2016 (G.R. No. 1472 of 2016) registered for the offence under Sections

406 and 420 IPC, pending in the court of learned Judicial Magistrate, 1^st Class,

Jamshedpur.

Counsel for the parties submits that the FIR has been registered

under Sections 406 and 420 IPC. They further submit that the parties have

resolve their dispute and differences and a petition has been filed to that effect

before this Court, which is kept at Annexure- “I.A/1” in I.A. No. 8787 of 2019.

Counsels for both sides submit that since the parties have resolved their dispute,

the FIR may be quashed.

The FIR has been lodged under Sections 406 and 420 of the Indian

Penal Code and the same has arisen out of business transaction. Section 320

Cr.P.C. provides that offence under Sections 406 and 4020 IPC can be

compounded with the permission of the Court. This Court feels that no fruitful

purpose will be served in continuing the criminal proceeding. If the same is

continued, it will be wastage of valuable time of the Court.

Considering the nature of the case and the aforesaid provision of law

as well as the fact that the parties have resolved their dispute, I am inclined to

allow this petition. Accordingly, the First Information Report being Mango (Ulidih)

P.S. Case No. 180 of 2016 (G.R. No. 1472 of 2016) registered for the offence

under Sections 406 and 420 IPC is hereby quashed and set aside.

Consequently, I.A. No. 8787 of 2019 also stands allowed.

Cr.M.P. No. 1342 of 2017

In this petition, the petitioner has also prayed for quashing the entire

criminal proceedings in connection with Mango (Ulidih) P.S. Case No. 180 of

2016 (G.R. No. 1472 of 2016) registered for the offence under Sections 406 and

420 IPC.

Since First Information Report being Mango (Ulidih) P.S. Case No.

180 of 2016 (G.R. No. 1472 of 2016) registered for the offence under Sections

406 and 420 IPC has already been quashed in Cr.M.P. No. 1036 of 2018, this

petition also stands allowed.

Anu/-C.P.-3

(ANANDA SEN, J.)