AMIT KUMAR SARAWGI 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 the prayer to quash the entire criminal proceeding arising out of Giridih Sadar Muffasil P.S. Case No. 393 of 2023, registered for the offences punishable under Ss. 147, 149, 353, 389, 120B, 420, 417, 467, 468 & 471 of the Indian Penal Code.

(3.) The learned counsel for the petitioner and the learned counsel for the opposite party no.2 jointly drawing attention of this Court to the Interlocutory Application No.17204 of 2025 which is supported by separate affidavits of the pairvikar of the petitioner who is also the brother of the petitioner and the opposite party no. 2 submits that therein it has categorically been mentioned that the petitioner has voluntarily and without any fear or pressure has decided to extinguish the bone of contention between him and the complainant by relinquishing his complete claim over the subject matter land. It is further jointly submitted by the learned counsel for the petitioner and the learned counsel for the opposite party no.2 that the dispute between the parties is predominately a personal dispute of civil nature. It is next jointly submitted by the learned counsel for the petitioner and the learned counsel for the opposite party no.2 that no public policy is involved in this case and as compromise has entered into between the parties, the chances of conviction of the petitioner is remote and bleak. Therefore, it is submitted that the continuation of criminal proceeding would amount to abuse of process of law. Hence, it is submitted that the prayer as made in this criminal miscellaneous petition be allowed.