SHAHID ALI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This petition has been filed for quashing the entire criminal proceeding including the FIR in connection with Jharia P.S.Case No.177 of 2020, registered under Sec. 147, 148, 149, 341, 323, 188, 269, 270, 325, 324, 427, 504, 506, 354, 307, 337, 338, 452 of I.P.C and Sec. 3 of Epidemic Diseases Act, 1897 and Sec. 51 of Disaster Management Act, 2005, pending in the court of learned A.C.J.M, Dhanbad.

(2.) The F.I.R has been lodged by the informant alleging therein that on 30/8/2020 at about 1.45 p.m his son namely Md. Jamal was going for his personal work to UPar Kulha from his motorcycle bearing reg. No.JH10BS-4546, in the meantime Md. Shahid Ali and Md. Shaad Ali starting assaulting him by firsts and slaps and thrashed him on the ground. They also damaged the motorcycle of his son. On information when the informant alongwith his wife reached at the place of occurrence, they also started assaulting them and also misbehaved with the wife of the informant,. Thereafter, the informant raised alarm upon that local people gathered at the place and the associates of Md. Shahid also came there and they started pelting stones. The accused persons also entered into the house of the informant and damaged the household articles at home. In the alleged occurrence several persons were sustained injuries. Accordingly, the case has been instituted.

(3.) The learned counsel for the petitioners submits that although various Sec. of the IPC are there but now both the parties have settled the dispute and in view of the several judgments of Hon'ble Supreme Court as well as this Court, this Court may interfere and quash the criminal proceeding against the petitioners and the learned counsel for the petitioner placed reliance in the case of 'Narinder Singh and Ors. Versus State of Punjab and Anr.' reported in (2014) 6 SCC 466 and 'Pawan Ojha v. The State of Jharkhand and Anr.' [Cr.M.P.No.623 of 2017] vide order dtd. 21/3/2022. On these grounds, he submits that this Court may interfere and quash the entire criminal proceeding.