Allowed

Shankar Mandal and Ors. v. The State Of Jharkhand And Anr.

Jharkhand HC4 Dec 2014Cr.M.P./2551/2014

Case brief

AI extract

What is this about?

The Jharkhand High Court allowed the petitioners application under Section 482 CrPC to quash criminal proceedings based on an admitted amicable settlement between the parties, citing relevant precedents.

What did the court decide?

The entire criminal proceedings including the first information report in connection with Karmatar P.S.Case No. 130 of 2013 and G.R No. 911 of 2013 are ordered to be quashed.

Shankar Mandal and Ors. Vs The State Of Jharkhand And Anr. — Quashing and FIR | Jharkhand HC (2014)

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IN THE HIGH CORT OF JHARKHAND, RANCHI

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Cr. M.P. No.2551 of 2014

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1.Shankar Mandal 2.Narayan Mandal 3.Uneshwar Mandal 4.Bahadur Mandal 5.Mahanand Mandal ... …....... Petitioners

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-- Versus --

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1.The State of Jharkhand 2.Kartik Mandal …....... Opposite Parties

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CORAM :- HON'BLE MR. JUSTICE P.P. BHATT

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For the Petitioner :- Mr. Kaushik Sarkhel Advocate

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For the State :- A.P.P.

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2/ 4.12.2014 The present application is filed under section 482 of the Code of Criminal Procedure for quashing of the entire criminal proceedings including first information report in connection with Karmatar P.S.Case No. 130 of 2013 corresponding to G.R No. 911 of 2013 for the alleged offence under sections 323/324/307/504/379/34 of the Indian Penal Code which is now pending in the court of learned A.C.J.M Jamtara.

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The learned counsel appearing for the petitioners by referring annexure-3 submitted that a joint petition of compromise was submitted before the learned court below in connection with G.R Case No. 911 of 2013 inter alia stating that at the intervention of the well wishers and villager and the relatives of both the parties the matter has been compromised between the parties and now the petitioners and opposite party are not having any grievance/grudge against each other and the informant does not want to proceed further with the case.

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The learned counsel appearing for the opposite party No.2 by referring counter affidavit supported

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the submission made by the learned counsel for the petitioners and has admitted the contents of the joint petition of compromise which was submitted before the learned court below.

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It is submitted by the learned counsel appearing for the petitioners as well as learned counsel appealing for the opposite party no.2 that in view of the amicable settlement arrived at between the parties, the present Cr.M.P ,may be allowed and entire criminal prosecution may be quashed.

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Learned A.P.P appearing for the State submitted that since the parties have amicably settled their dispute out side the court, he has got no objection if the present Cr.M.P is allowed and entire criminal prosecution is ordered to be quashed.

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Having regard to the above submissions it appears that amicable settlement has already been arrived at between the parties, as per joint compromise petition submitted before the learned court below which is annexed vide annexure-3. The learned counsel appearing for the opposite party no.2 has filed counter affidavit and admitted the fact regarding compromise between the parties.

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In view of the above submission and in view of the judgment delivered in the case of Narinder Singh and Ors Vs. State if Punjab and Anr reported in (2014) 6 S.C.C 466 and in the case of Praveen Mittal @Parveen Mittal and Ors.Vs. The State of Jharkhand and Ors in Cr.M.P.No.1754 of 2013 , the present Cr.M.P is allowed and the entire criminal proceedings including first information report in connection with Karmatar P.S.Case No. 130 of 2013 corresponding to G.R No. 911 of 2013 for the alleged offence under sections 323/324/307/504/379/34 of the Indian Penal Code which is now pending in the court of learned A.C.J.M Jamtara is hereby ordered to be quashed..

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(P.P. BHATT, J.)

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Shankar Mandal and Ors. v. The State Of Jharkhand And Anr.

Case brief

What is this about?

What did the court decide?

Shankar Mandal and Ors. v. The State Of Jharkhand And Anr.

Case brief

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What did the court decide?

What the court decided

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