SURENDRA PRASAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Sabyasanchi, learned counsel for the petitioners, Mr. Gautam Rakesh, learned counsel for the State and Mr. Binod Kumar, learned counsel for opposite party no.2.

(2.) This petition has been filed for quashing of the entire criminal proceeding including entire FIR in connection with SC/ST Case No.03 of 2016, corresponding to G.R. No.1989 of 2016, SC/ST Case No.09 of 2017, pending in the court of the learned Additional Sessions Judge-I cum Special Judge, S.C. and S.T. (Prevention of Atrocities) Act, Palamau at Daltonganj.

(3.) Mr. Sabyasanchi, learned counsel for the petitioners submits that the case was falsely filed against the petitioners. The dispute is with regard to certain money. He further submits that during the pendency of this petition, good sense has prevailed upon the parties and the matter has been compromised and I.A. No.9095 of 2019 has been filed for joint compromise in which the terms and conditions of the compromise has been contained at Annexure-I/A of the said I.A. He also submits that in terms of the compromise, sum of Rs.2,25,000.00 has already been returned to opposite party no.2 and in that view of the matter, entire criminal proceeding including the FIR may kindly be quashed. He further submits that whatever allegation is made, the incident has occurred within the house of the petitioner and in that view of the matter it has not happened in public view and ingredients of SC/ST Act is not made out.