CHHOTU PASWAN 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 the entire criminal proceeding including the F.I.R. in connection with Borio (J) P.S. Case No.265 of 2023 registered for the offences punishable under Ss. 341, 323, 387, 504, 506/34 of the Indian Penal Code which is now pending before the learned Chief Judicial Magistrate, Sahibganj.

(3.) Learned counsel for the petitioner and learned counsel for the opposite party No.2 jointly draw the attention of this Court towards Interlocutory Application No. 5740 of 2024 which is supported by the affidavit of the petitioner and the opposite party No.2 and submit that therein it has been mentioned that the parties have compromised the case and the dispute between the parties has been settled and the grievance of the parties has been sorted out. Learned counsel for the petitioner submits that in view of the compromise between the parties, the informant is not interested to proceed against the petitioner. Learned counsel for the petitioner next submits that the dispute between the parties is a private dispute and no public policy is involved in this case. Learned counsel for the petitioner 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 petitioner is remote and bleak. Hence, it is submitted that the entire criminal proceeding including the F.I.R. in connection with Borio (J) P.S. Case No.265 of 2023 which is now pending before the learned Chief Judicial Magistrate, Sahibganj, be quashed and set aside.