ABHISHEK RAVANI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties.

(2.) This criminal miscellaneous petition has been filed invoking the jurisdiction of this Court under Sec. 482 Cr.P.C. with a prayer for quashing the entire criminal proceeding including the order dtd. 11/5/2022 passed in connection with Special POCSO Case No.41 of 2022, corresponding to Putki P.S. Case No.13 of 2022 arising out of Complaint Case No. 198 of 2022, whereby and where under, the learned Special Judge, POCSO Act, Dhanbad has taken cognizance for the offences punishable under Ss. 323, 354/34 of Indian Penal Code and under Sec. 8 of POCSO Act against the petitioners which is now pending in the court of learned Special Judge, POCSO Act, Dhanbad.

(3.) Learned counsel for the petitioners and the learned counsel for the opposite party no.2 jointly drawing attention of this Court to Interlocutory Application No. 3365 of 2023 which is supported by separate affidavits of the complainant- Pushpa Devi and the two petitioners submit that the petitioners and the opposite party no.2 namely Pushpa Devi has entered into a joint compromise with the intervention of well-wishers and close relatives. It is next submitted by the learned counsel for the petitioners and the learned counsel for the opposite party no.2 that the dispute between the parties is purely personal dispute and no public policy is involved in the offences. It is then submitted by the learned counsel for the petitioners and the learned counsel for the opposite party no.2 that the compromise has been entered into between the parties amicably without any coercion and threat and the informant does not want to proceed with the case. It is jointly submitted by the learned counsel for the petitioners and the learned counsel for the opposite party no.2 that no offence for which the FIR has been lodged is made out against the petitioners and the occurrence alleged leading to registration of the FIR is highly improbable.