MAHESH KUMAR AGARWALLA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) In all these criminal miscellaneous petitions, individual interlocutory applications have been filed informing this Court that the parties have resolved their dispute. Representative of the parties are also present before this Court and they admit that they have settled their dispute. It is admitted that terms of settlement have already been mentioned in the interlocutory applications filed in each case. Further a memorandum of undertaking has also been filed along with the interlocutory applications.

(2.) It is submitted that all these cases are filed under Sections 406 / 420 / 120B of the Indian Penal Code and Section 138 of the Negotiable Instruments Act in different cases. Further Dhansar Police Station Case No.297 of 2018 and Complaint Case No. 3326 of 2017 have been registered additionally under Sections 467 , 470 , 471 of the Indian Penal Code. Offence under Section 138 of the Negotiable Instruments Act is compoundable and so are the offences under Sections 420 and 406 of the Indian Penal Code. Thus, there is no impediment in quashing the criminal cases, which have been filed under Sections 138 of the Negotiable Instruments Act and Sections 406 / 420 / 120B of the Indian Penal Code. So far as Dhansar Police Station Case No.297 of 2018 and Complaint Case No.3326 of 2017 are concerned, in addition to the aforesaid penal sections, these cases have also been instituted for offences under Sections 467 , 470 , 471 of the Indian Penal Code. It is submitted that since the entire dispute relates to business transactions, which have now been settled, no useful purpose will be served to proceed against the petitioners in these criminal trials. Trial will amount to wastage of valuable time of Court. It is submitted that as per the memorandum of settlement, first installment of money has already been paid.

(3.) Considering the aforesaid submissions and the compromise arrived between the parties in light of the terms of settlement, I am inclined to allow these criminal miscellaneous petitions. Accordingly, the entire criminal proceeding as against the petitioners, abovenamed, in connection with Dhanbad (Dhansar) Police Station Case No.461 of 2014, Complaint Case No.2507 of 2017, Complaint Case No.1244 of 2017, Complaint Case No.1240 of 2017, Dhanbad (Dhansar) Police Station Case No.1015 of 2014, C.P. Case No.1531 of 2014, Complaint Case No.3293 of 2018, Complaint Case No. 3326 of 2017, Dhansar Police Station Case No.297 of 2018, Complaint Case No.474 of 2018, Complaint Case No.195 of 2018 and Complaint Case No.3121 of 2017 are hereby quashed.