Allowed

Prabhat Kumar Pandey v. the State of Jharkhand and Anr.

Jharkhand HC25 Nov 2022Cr.M.P./1453/2012

Case brief

AI extract

What is this about?

This petition sought quashing of criminal proceedings registered under Sections 420, 467, 471, 192 and 211 IPC. After hearing, the court found that the dispute was a private commercial matter settled through mediation before the State Legal Services Authority. Ruling that no useful purpose would be served by further proceedings, the court quashed the entire criminal case under Section 482 Cr.P.C.

What did the court decide?

Quashed and set aside the entire criminal proceedings as against the petitioner in connection with G.R. No. 3600 of 2012 arising out of L.B.P.S. Case No. 212 of 2012.

Prabhat Kumar Pandey Vs the State of Jharkhand and Anr. — Cheque Dishonour | Jharkhand HC (2022)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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Cr. M.P. No. 1453 of 2012 With

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I.A. No. 9812 of 2022

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Prabhat Kumar Pandey son of late Dr. Praduman Pandey, resident of Tagore Hill Road, P.O. Morabadi, Police Station Bariatu, Town & District Ranchi. … … Petitioner

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… … Petitioner

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Versus

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The State of Jharkhand

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Shri Arun Kumar son of late Rameshwar Prasad, working as Sub Inspector of Police, Lower Bazar Police Station, District Ranchi.

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Shri Lajpat Bhajanka, S/o Late Kishori Lal, R/o Flat no. 802-B, Amrutkunj, Bhatar Road, P.O. & P.S. Surat, Distt.- Surat, Gujrat … … Opposite Parties

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CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

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For the Petitioner : Mr. Indrajit Sinha, Advocate Mr. Rajeev Kumar Sinha, Advocate For the O.P. No. 1 & 2 : Mr. Achito Sen, Advocate For the O.P. No. 3 : Mr. S. K. Sharma, Advocate Mr. Abhay Prakash, Advocate ---

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16 /25.11.2022 Learned counsel for the parties are present. The opposite party no. 2

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in the present case is the investigating officer of the criminal case.

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2. This petition was filed for the following reliefs:

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“For an appropriate order from this Hon’ble Court for quashing the entire criminal proceeding initiated as against the petitioner including the first information report in connection with Lower Bazar Police Station Case No. 212 of 2012 registered for offences under Sections 420, 467, 471, 192 and 211 of the Indian Penal Code, corresponding to G.R. No. 3600 of 2012, now pending in the Court of Shri Shekhar Kumar, learned Judicial Magistrate 1^st Class, Ranchi.”

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3. Vide order dated 18.07.2022, the matter was referred to Jharkhand State Legal Services Authority for mediation as on the said date, it was jointly submitted by the counsels appearing on behalf of the petitioner and the opposite party no. 3 that the parties have agreed to settled their dispute outside the Court. On 08.09.2022, it was submitted that they have settled their dispute at the stage of mediation and the disputes are private commercial dispute between the parties i.e. petitioner and the opposite party no. 3.

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4. I.A. No. 9812 of 2022 has been filed bringing on record the terms of settlement between the petitioner and the opposite party no. 3. The learned counsel for the petitioner and the opposite party no. 3 have submitted that they have settled their disputes outside the court and the criminal case be

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quashed in view of the settlement arrived at between the petitioner and opposite party no. 3.

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5. The learned counsel for the State representing opposite party nos. 1 and 2 has submitted that he has no objection and primarily the case is in the realm of private dispute between the parties. He also submits that the appropriate order can be passed under Section 482 of Cr.P.C. considering the settlement between the parties as no useful purpose will be served by proceeding further in the criminal case.

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6. The learned counsel appearing on behalf of the opposite party nos. 1 and 2 has also expressed that he has no serious objection as primarily the dispute arises out of commercial dispute between the petitioner and opposite party no. 3.

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7. After hearing the learned counsel for the parties and considering the facts and circumstances of the case, this court finds that the petitioner and the opposite party no. 3 have settled their dispute outside the Court through mediation before Jharkhand State Legal Services Authority and they have also filed joint compromise petition and the opposite party no. 3 has no objection if the entire criminal proceedings against the petitioner is set-aside by this Court in these proceedings. The dispute between the parties arises out of private commercial dispute which has now been settled through mediation and accordingly no useful purpose will be served by continuation of the criminal case pending before the learned court below.

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8. In view of the aforesaid facts and circumstances, the entire criminal proceedings as against the petitioner in connection with G.R. No. 3600 of 2012 arising out of Lower Bazar Police Station Case No. 212 of 2012 registered for offences under Sections 420, 467, 471, 192 and 211 of the Indian Penal Code, now pending in the court of learned Judicial Magistrate, 1^st Class, Ranchi, is hereby quashed and set-aside in exercise of powers under section 482 of Cr.P.C. for the ends of justice.

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9. All pending I.As are closed.

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10. This criminal miscellaneous petition is accordingly disposed of.

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11. Let a copy of this order be communicated to the learned court below through ‘FAX/Email’.

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(Anubha Rawat Choudhary, J.)

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Pankaj

Prabhat Kumar Pandey v. the State of Jharkhand and Anr.

Case brief

What is this about?

What did the court decide?

Prabhat Kumar Pandey 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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