LAWS(JHAR)-2023-2-6

BIBHUTI MANDAL Vs. STATE OF JHARKHAND

Decided On February 03, 2023
Bibhuti Mandal Appellant
V/S
STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) Heard Mr. P.P.N. Roy, learned senior counsel for the petitioner, Mr. Kaushik Sarkhel, learned counsel for opposite party no.2 and Ms. Nehala Sharmin, learned counsel for the State.

(2.) This petition has been filed for quashing the F.I.R. and the entire criminal proceedings in connection with Narayanpur P.S. Case No.65 of 2013, dtd. 23/5/2013, corresponding to G.R. Case No.458 of 2013, instituted under Ss. 120(B), 420, 467, 471, 468 and 34 of the Indian Penal Code, arising out of P.C.R. Case No.209 of 2013 including the order taking cognizance dtd. 10/5/2016, pending in the court of the learned Judicial Magistrate, 1st Class, Jamtara.

(3.) Mr. P.P.N. Roy, learned senior counsel appearing for the petitioner submits that at the relevant time, the petitioner was posted as Circle Officer and he was assigned with some movement work and it has been alleged that forgery has been committed and aggrieved with that, the complainant has filed complaint case which was sent to the police under Sec. 156(3) Cr.P.C. He further submits that the complainant has filed withdrawal petition before the learned court of Judicial Magistrate, 1st Class, Jamtara on 23/5/2013 with prayer to withdraw the case and the same was accepted by the learned court vide order dtd. 5/6/2013 and a copy thereof was forwarded to the Officer-in-Charge, Narayanpur Police Station to ends of justice, but the said withdrawal petition is still pending after passing of that order. He also submits that now good sense has prevailed between the parties and compromise has reached between the parties and therefore, I.A. No.2117 of 2022 has been filed. He further submits that there is no public policy involved in this matter and on the basis of the said I.A., entire criminal proceedings may kindly be quashed.