LAWS(JHAR)-2020-6-69

BIMAL CHANDRA ORAON Vs. STATE OF JHARKHAND

Decided On June 19, 2020
Bimal Chandra Oraon Appellant
V/S
STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) Heard the learned counsel for parties, in both the petitions, through video conferencing. They have no complain with respect to the audio and video clarity and quality.

(2.) In both these petitions, the petitioners have prayed for quashing the entire criminal proceeding in connection with Chandil P.S. Case No. 25 of 2005 corresponding to G.R. Case No. 130 of 2005 pending in the Court of learned S.D.J.M., Seraikella.

(3.) Learned counsel for the parties submits that the parties have resolved their dispute as good sense prevailed amongst them. He submits that since the parties have resolved their dispute and the offence is not heinous in nature, in view of the judgment passed by the Hon'ble Apex Court, the proceeding can be quashed on the basis of compromise. He submitted that sections 147 and 148 of I.P.C. is not compoundable in terms of section 320 of Cr.P.C., thus the petitioners have approached this Court. He further submits that sections 379, 323, 504 of I.P.C. in which the charge sheet has been filed is compoundable in nature. In support of his contention the petitioners relied upon the judgment passed by the Hon'ble Apex Court in the case of Gian Singh Vs. State of Punjab & Anr., 2012 10 SCC 303.