MITHUN KUMAR 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. 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 with the prayer to quash the entire criminal proceeding in connection with Jirwabari P.S. Case No.126 of 2025 registered for the offences punishable under Ss. 191(2), 191(3), 190, 109(1), 351(2) of the B.N.S., 2023 and Sec. 27 of the Arms Act.

(3.) Learned counsel for the petitioners and learned counsel for the opposite party No.2-informant as well as the victim jointly draw the attention of this Court towards Interlocutory Application No.12857 of 2025, which is supported by the separate affidavits of the petitioner No.2 which has been duly authorised by the other petitioners as well as the opposite party No.2-informant namely Komal Kumari and also draw the attention of this Court towards Interlocutory Application No.13939 of 2025 which is supported by the separate affidavits of the petitioner No.2, which has been duly authorised by the other petitioners also and the victim namely Mithun Paswan and submit that therein it has categorically been mentioned that the parties have settled their dispute outside the court. It is next submitted that the petitioners are innocent and because of business rivalry, they have been implicated in this case. It is then submitted that the informant has given the name of the petitioners and later on, she came to know about the reality and realized her mistake. It is also submitted that the offence punishable under Sec. 109 of the B.N.S., 2023 is not made out against the petitioners and the alleged injury is not on the vital part of the body of the victim. Learned counsel for the petitioners and the learned counsel for the opposite party No.2-informant as well as the victim further jointly submits that the dispute between the parties is a private dispute and no public policy is involved in this case. It is next submitted that in view of the settlement between the parties, the opposite party No.2-informant as well as the victim does not want to proceed with the case. It is further submitted 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 chance of conviction of the petitioners is remote and bleak. Hence, it is submitted that the entire criminal proceeding in connection with Jirwabari P.S. Case No.126 of 2025, be quashed and set aside.