SUDHANSHU SUMAN 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 of Complaint Case No.12154 of 2021 including the order taking cognizance dtd. 10/2/2023 passed by the learned Judicial Magistrate, Ranchi whereby a prima facie case under Sec. 406 of the Indian Penal Code has been found against the petitioners and the said case is now pending before the learned Judicial Magistrate, Ranchi.

(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.3366 of 2024 which is supported by the separate affidavits of the petitioners and the opposite party No.2 and submit that therein it has been mentioned that the dispute between the petitioners and the opposite party No.2 has already been settled outside the court, due to intervention of the well-wishers and common relatives of the parties and nothing remains to be decided further in the present criminal case. Learned counsel for the petitioners submits that the dispute between the parties is 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 proceeding of Complaint Case No.12154 of 2021 including the order taking cognizance dtd. 10/2/2023 passed by the learned Judicial Magistrate, Ranchi, be quashed and set aside.