HARILAL CHOUDHARY 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. 528 of B.N.S.S., 2023 with a prayer for quashing the order dtd. 20/3/2019 by which cognizance has been taken for the offences punishable under Ss. 341, 323, 325, 307, 506 and 504/34 of Indian Penal Code by the learned A.C.J.M., Hazaribagh as well as the entire criminal proceeding in connection with Barkatha P.S. Case No. 194 of 2018, corresponding to G.R. No. 225 of 2019.

(3.) It is jointly submitted by the learned counsel for the petitioners and the learned counsel for the opposite party no.2 by drawing attention of this Court to the joint compromise petition filed by the parties in the court of Sessions Judge, Hazaribagh, a copy of which has been kept at Annexure-3 at page no.22-23 of the brief, that therein it has been categorically mentioned that the parties have settled their dispute and there is no ill feeling between the parties and the informant does not have any grievance and does not want to proceed with the case any further. It is next jointly submitted by the learned counsel for the petitioners and the learned counsel for the opposite party no.2 that the genesis of the occurrence is a land dispute between the parties and trial of the case is yet to begin and charges has not yet been framed. It is then jointly submitted by the learned counsel for the petitioners and the learned counsel for the opposite party no.2 that the dispute between the parties is a private dispute and no public policy is involved in the case. It is further jointly submitted by the learned counsel for the petitioners and the learned counsel for the opposite party no.2 that in view of the compromise between the parties, the chances of the conviction of the petitioners is remote and bleak and therefore, the continuation of the criminal proceeding will amount to abuse of the process of the law. Hence, it is submitted that the order dtd. 20/3/2019 passed by the learned A.C.J.M., Hazaribagh as well as the entire criminal proceeding in connection with Barkatha P.S. Case No. 194 of 2018, corresponding to G.R. No. 225 of 2019, be quashed and set aside.