ANIL KUMAR TIWARI 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 order taking cognizance dtd. 4/5/2022 in Complaint Case No.17 of 2022 by which the learned Chief Judicial Magistrate, Lohardaga has found prima facie case for the offences punishable under Sec. 182, 211, 385, 506 and 120B of the Indian Penal Code.

(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.13566 of 2024 which is supported by the separate affidavits of the petitioner as well as the opposite party No.2/complainant and submit that therein it has categorically been mentioned that a compromise has been entered into between the petitioner and the opposite party No.2/complainant. It is next jointly submitted that good sense has prevailed between the parties after intervention of the friends as well as the well-wishers and the dispute between the parties has been settled. Learned Counsel for the petitioner submits that the dispute between the parties is a private dispute and no public policy is involved in this case and the compromise is not opposed to the public policy. 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 order taking cognizance dtd. 4/5/2022 in Complaint Case No.17 of 2022 which is now pending before the learned Chief Judicial Magistrate, Lohardaga, be quashed and set aside.