ROHIT KEJRIWAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE petitioners have invoked the inherent jurisdiction of this Court under Section 482 Code of Criminal Procedure for quashment of the order dated 9.4.2010 passed by Shri A.K. Shrivastava, Judicial Magistrate, 1st Class, Dhanbad in Jharia P.S. Case No. 185 of 2005 corresponding to G.R. No. 1221 of 2005 by which a joint petition filed on behalf of the petitioners and the opposite party No. 2 seeking permission for composition of the offence under provisions of Section 320(2) of the Cr.P.C was rejected on the ground alone that dispute of huge amount was involved in the FIR and that the informant and other were not entered into compromise.

(2.) HEARD Mr. M.B. Lal, the learned counsel appearing on behalf of the petitioners and Mr. Pritush Lala learned councel appearing for the C.P. NO.2 who tiled a counter affidavit in this petition.

(3.) HAVING regard to the facts and circumstances of the case, arguments advanced on behalf of the parties, I find that counter affidavit has been signed by the informant and xerox copy of the certified copy of the compromise petition, which was filed before the Trial Magistrate, as has been brought on the record, clearly indicates that both parties had signed it but the learned Trial Magistrate without applying his discretion and plausible reasons rejected the petition on the wrong notion that same was not signed by the informant, to which I find it to be an error of record. Mr. Lail has filed the certified copy of the said compromise petition. Let it be annexed with the record.