Allowed

Bhushan Singh And Ors. v. The State Of Jharkhand And Anr.

Jharkhand HC15 Mar 2018Cr.M.P./134/2018

Case brief

AI extract

What is this about?

The High Court, Ranchi, quashed criminal proceedings against petitioners in a Jharia case involving IPC offences after accepting a joint compromise petition and confirming restored relations between parties.

What did the court decide?

Quashment and setting aside of the entire criminal proceeding in connection with Jharia (Boragarh O.P.) P.S. Case No. 174 of 2016.

Bhushan Singh And Ors. Vs The State Of Jharkhand And Anr. — Quashing and FIR | Jharkhand HC (2018)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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Cr.M.P. No. 134 of 2018

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Bhushan Singh

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Gaya Pratap Singh

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Ravi Pandey

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.... Petitioners

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Versus

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The State of Jharkhand

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Rekha Devi … Opposite Parties

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CORAM : HON’BLE MR. JUSTICE RONGON MUKHOPADHYAY

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For the Petitioners : Mr. Arun Kumar, Advocate For the State : APP For the Opposite Party No. 2 : Mr. Shankar Singh, Advocate

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Order No. 03 Dated 15 th March, 2018

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Heard Mr. Arun Kumar, learned counsel appearing for the petitioners and Mr. Shankar Singh, learned counsel appearing for the opposite party No. 2.

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In this application the petitioners have prayed for quashing of the entire criminal proceeding in connection with Jharia (Boragarh O.P.) P.S. Case No. 174 of 2016, registered for the offence punishable u/s 341, 323, 504, 506, 509, 354 and 34 I.P.C. has been taken.

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At the outset, it has been submitted by learned counsel for the petitioners that the matter has been compromised between the petitioners and the opposite party No. 2. In support of his contention, learned counsel has referred to the I.A. No. 1918 of 2018, which has been filed by way of joint compromise petition.

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Mr. Shankar Singh, learned counsel appearing for the opposite party No. 2 has accepted the factum of compromise and submitted that opposite party No. 2 does not have any objection if the entire criminal proceeding in connection with the present case against the petitioners is quashed.

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It appears that an F.I.R. was instituted on the allegation that the petitioners have come and abused the informant and when the same was retorted by by the son of the informant, the accused persons started assaulting him and the petitioners also tried to outrage the modesty of the informant.

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A joint compromise petition has been filed by way of I.A. No. 1918 of 2018 which reveals that the matter has been

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compromised between both the sides and good relations have been restored between them. In such circumstances, therefore continuation of the criminal proceeding against the petitioners would be an act in futility.

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In view of the aforesaid fact, this application is allowed and the entire criminal proceeding in connection with Jharia (Boragarh O.P.) P.S. Case No. 174 of 2016, pending before the Court of Additional Chief Judicial Magistrate, Dhanbad, is hereby quashed and set aside.

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Pending I.A. also stands disposed of.

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(RONGON MUKHOPADHYAY, J.)

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Bhushan Singh And Ors. v. The State Of Jharkhand And Anr.

Case brief

What is this about?

What did the court decide?

Bhushan Singh And Ors. v. The State Of Jharkhand And Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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