DHAN SINGH 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 First Information Report as well as the entire criminal proceedings arising out of Mango (Olidih) P.S. Case No.292 of 2012 corresponding to G.R. No.1667 of 2012 registered for the offences punishable under Ss. 341, 323, 379, 504, 34 of the Indian Penal Code which is now pending before the learned Judicial Magistrate-1st Class, Jamshedpur.

(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.11280 of 2023 which is supported by the separate affidavits of the petitioner and opposite party No.2-informant wherein it has been categorically mentioned that with the intervention of the family friends and common well-wishers of the parties, the parties have amicably settled their disputes outside the court and they have no grievance against each other and the petitioner and the informant are close friends and they have settled all their disputes outside the court and in view of the compromise, the informant does not want to proceed with the case. Learned counsel for the petitioner submits that the dispute between the parties is basically a private dispute and no public policy is involved and because of some misunderstanding, this false case was instituted against the petitioner. 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 First Information Report as well as the entire criminal proceedings arising out of Mango (Olidih) P.S. Case No.292 of 2012 corresponding to G.R. No.1667 of 2012 which is now pending before the learned Judicial Magistrate-1st Class, Jamshedpur, be quashed and set aside.