Allowed

Jagdish Singh v. Pammi Singh

Jharkhand HC22 Apr 2024Cr.M.P./423/2018

Case brief

AI extract

What is this about?

Petitioners sought quashing of a complaint case proceeding after paying Rs.5,50,000 to the complainant under a compromise; the complainant affirmed she would not pursue the case. The High Court quashed the entire proceeding including the cognizance order and allowed the petition.

What did the court decide?

Entire criminal proceeding arising out of C.P.Case No.2965 of 2016 including cognizance order dated 09.06.2017 quashed.

Jagdish Singh Vs Pammi Singh — Quashing and FIR | Jharkhand HC (2024)

¶1

IN THE HIGH COURT OF JHARKHAND, RANCHI Cr.M.P. No. 423 of 2018

----

1.Jagdish Singh

2.Rajkumar Singh

3.Arjun Kumar Chaudhary 4.Shivam Chaudhary .... Petitioners

¶6

-- Versus -- 1.Pammi Singh 2.The State of Jharkhand .... Opposite Parties

¶7

¶8

CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

¶9

For the Petitioners :- Mr. Rishikesh Giri, Advocate For the State :- Mr. Arup Kumar Dey, Advocate For the Informant :- Mr. Lukesh Kumar, Advocate ----

¶10

10 /22.04.2024 The learned counsel for the petitioners as well as the learned counsel for the informant jointly submits that a joint I.A has been prepared for compromise of the case. They submit that in the said I.A Rajkumar Singh has sworn the affidavit before the Delhi High Court which was annexed with the said I.A and a separate affidavit of the complainant is there. However, the same was not accepted by the Oath Commissioner on the ground that one of the affidavit was sworn by the petitioner at Delhi.

¶11

In view of such submission, the said IA is taken on record.

¶12

In this petition, the prayer is made for quashing of the entire criminal proceeding arising out of C.P.Case No.2965 of 2016 including the order taking cognizance dated 09.06.2017 pending in the court of learned Judicial Magistrate, First Class, Dhanbad.

¶13

The learned counsel for the petitioners submits that the informant has become friend pursuant to face-book chatting and subsequently the informant has decided to break the relationship and she has made an affidavit to that effect which is brought on record by I.A. No.8560 of 2018 in which she has stated that after receiving a sum of Rs.5,50,000/-, she will not pursue the case. By way of referring Annexure-3 which is bank transaction the learned 1 Cr.M.P. No.423 of 2018

¶14

counsel submits that the said amount has already been paid by the petitioners to the complainant and in view of that the entire criminal proceeding may kindly be quashed.

¶15

Mr. Lukesh Kumar, the learned counsel appearing on behalf of the complainant submits that compromise has taken place and pursuant to that a sum of Rs.5,50,000/-has been received by the complainant. He submits that the complainant does not want to proceed in the instant case. He further submits that a petition under section 256 Cr.P.C has also been filed before the learned court for withdrawal of the complaint, however, the learned court has dismissed the said petition.

¶16

Learned counsel for the respondent State submits that the matter is arising out of complaint case.

¶17

In view of above, the document on record suggest that there is compromise between the parties and the complainant has sworn the affidavit that she will not pursue the case after receiving a sum of Rs.5,50,000/- and the said amount has already been transferred to the complainant and a joint compromise has also been reached between the parties.

¶18

In view of above, the entire criminal proceeding arising out of C.P.Case No.2965 of 2016 including the order taking cognizance dated 09.06.2017 pending in the court of learned Judicial Magistrate, First Class, Dhanbad are quashed.

¶19

This petition is allowed and disposed of.

¶20

Pending petition if any also stands disposed of accordingly.

¶21

( Sanjay Kumar Dwivedi, J.)

¶22

SI/,

¶23

2 Cr.M.P. No.423 of 2018

Jagdish Singh v. Pammi Singh

Case brief

What is this about?

What did the court decide?

Jagdish Singh v. Pammi Singh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Shila Rani Vs the State of Jharkhand

Bundi Barla Vs the State of Jharkhand

Bajrangi Paswan Alias Dharmendra Paswan Vs the State of Jharkhand

Jyotish Odeya Vs the State of Jharkhand

Mehdi Hasan Alias Tuntun Vs the State of Jharkhand

Durga Prasad Vs the State of Jharkhand