(1.) Heard the parties.
(2.) This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Sec. 482 of the Code of Criminal Procedure with a prayer to quash the F.I.R. and the entire criminal proceedings pending against the petitioners in connection with Dhanwar P.S. Case No.120 of 2019 registered for the offences punishable under Ss. 323, 341, 120B, 143, 147, 148, 504, 506, 307, 386 of the Indian Penal Code which is pending in the court of learned J.M. 1stClass, Giridih.
(3.) Learned counsel for the petitioners and learned counsel for the opposite party No.2 jointly draw the attention of this Court towards the Interlocutory Application No.7165 of 2019 which is supported by the separate affidavits of the Pairvikar of the petitioners and the opposite party No.2 and submit that therein it has been mentioned that the informant/opposite party No.2/victim has compromised the case outside the court with consultation and advice of their well-wishers and common friends and now cordial relationship has been restored and good sense has prevailed between the parties. Learned counsel for the petitioners and learned counsel for the opposite party No.2 jointly submit that the dispute between the parties is a private dispute and no public policy is involved in the case and the entire incident took place at the heat of the moment generated consequent upon an accident by a vehicle in which a young boy died. It is next submitted that no injury was caused to the victim but the offence punishable under Sec. 307 of the Indian Penal Code has been incorporated to make the case grave but in view of the settlement, the informant/opposite party No.2/victim does not want to proceed with the case. Learned counsel for the petitioners next submits that in view of the compromise between the parties, the continuation of this criminal proceeding will amount to abuse of process of court as in view of the compromise, the chances of conviction of the petitioners is remote and bleak. Hence, it is submitted that the F.I.R. and the entire criminal proceedings pending against the petitioners in connection with Dhanwar P.S. Case No.120 of 2019 which is pending in the court of learned J.M. 1stClass, Giridih, be quashed and set aside.