VISHWA VIJAY SINGH YADAV 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 to quash the entire criminal proceeding including the F.I.R. in connection with Sukhdeonagar P.S. Case No. 517 of 2018, registered for the offences punishable under Sec. 341/342/504/506 of the Indian Penal Code and Sec. 66(B) (C) (D) of the Information Technology Act, 2000.

(3.) Learned counsel for the petitioner and the learned counsel for the opposite party no.2 jointly drawing attention of this Court to the Interlocutory Application No.5360 of 2020 which is supported by separate affidavits of both the petitioner and the informant-opposite party no.2 submits that therein it has been categorically mentioned that during the pendency of the instant criminal miscellaneous petition, due to intervention of the well-wishers of the parties, this case has been compromised between the parties outside the court and now the parties are in good terms and harmonious relation has been restored between them and the informant-opposite party no.2 does not want to proceed with the case. It is next jointly submitted by the learned counsel for the petitioner and the learned counsel for the opposite party no.2 that investigation of the case is still going on and charge sheet has not yet been submitted. It is further jointly submitted by the learned counsel for the petitioner and the learned counsel for the opposite party no.2 that the dispute between the parties is basically a private dispute and no public policy is involved. It is then jointly submitted by the learned counsel for the petitioner and the learned counsel for the opposite party no.2 that as compromise has been entered into between the parties, the chances of conviction of the petitioner is remote and bleak; therefore the continuation of the criminal proceeding would amount to abuse of process of law. Hence, it is submitted that the entire criminal proceeding including the F.I.R. in connection with Sukhdeonagar P.S. Case No. 517 of 2018, registered for the offences punishable under Sec. 341/342/504/506 of the Indian Penal Code and Sec. 66(B) (C) (D) of the Information Technology Act, 2000 be quashed and set aside.