DEVNATH RAJBHAR 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 of the Code of Criminal Procedure with a prayer to quash and set aside the entire criminal proceedings arising out of Nirsa (Kalubathan O.P.) P.S. Case No.83 of 2024 registered for the offence punishable under Sec. 304A, 420, 120B and 34 of the Indian Penal Code and the said case is now pending before the learned J.M.F.C, Dhanbad.

(3.) Learned counsel for the petitioners and learned counsel for the opposite party No.2 jointly draw the attention of this Court towards Interlocutory Application No.3519 of 2024 which is supported by the separate affidavits of the petitioners and the opposite party No.2/informant wherein it has been mentioned that during the pendency of the criminal case, both the parties have amicably settled their dispute outside the court, in the interest of longstanding peace and harmony and the informant is no more interested to prosecute the case in view of the memorandum of settlement arrived at between the parties, the copy of which has been annexed with the instant interlocutory application. It is next jointly submitted that the settlement has been arrived at between the parties at Civil Court, Dhanbad and the victims have received their compensation amount from the petitioners for their loss. Learned Counsel for the petitioners submits that the dispute between the parties is purely a private dispute and no public policy is involved in this 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 law as in view of the compromise, the chances of conviction of the petitioners is remote and bleak. Hence, it is submitted that the entire criminal proceedings arising out of Nirsa (Kalubathan O.P.) P.S. Case No.83 of 2024 which is now pending before the learned J.M.F.C, Dhanbad, be quashed and set aside.