PAWAN OJHA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This petition has been filed for quashing the entire criminal proceeding of Barhi (Padma) P.S.Case No.202/2015, corresponding to G.R.No.2931/2015 and for quashing the order dtd. 3/10/2015 and order dtd. 22/2/2016, pending in the court of learned Judicial Magistrate, 1st Class, Hazaribagh.

(2.) The F.I.R has been registered on the written report of the informant alleging therein that on 8/7/2015 at 5 p.m in the evening she was selling tea at her shop. In the meantime, from Bolero and Bullet vehicles - Pawan Ojha (petitioner) Santosh Nishad and 3-4 others came having wine in their hands and asked for glass for consuming liquor. On that when she prevented them, then they started beating her and also molested her and torn her blouse and also tried to disrobe her saree. On raising alarm, when her husband came to protect her then they also beaten and abused him and went away from the place of occurrence extending threat to kill them.

(3.) The learned counsel for the petitioner submits that during pendency of this petition, the petitioner as well as O.P.No.2 have entered into compromise between the petitioner as well as O.P.No.2. He submits that in the light of the judgment of Hon'ble Supreme Court in the case of "Gian Singh Vs. State of Punjab and Anr." and 'Narinder Singh and Ors. Versus State of Punjab and Anr." this Court is having jurisdiction to quash the entire criminal proceeding even if the case is non-compoundable.