Allowed¶21

MD Khursheed Ansari v. the State of Jharkhand

Jharkhand HC5 Feb 2025Cr.M.P./2273/2023

Case brief

AI extract

What is this about?

Jharkhand High Court, Ranchi; Cr. M. P. No. 2273 of 2023; decided 05.02.2025 by Pradeep Kumar Srivastava, J.; quashing of criminal complaint on amicable settlement/joint compromise; compoundable offences; Sections 323, 341, 379, 504, 506 r/w 34 IPC; cognizance order dated 27.04.2023 by J.M.F.C. – XIII, Ranchi; Complaint Case No. 11214 of 2022; I.A. No. 12153 of 2024; dispute over common drainage; parties: Md. Khursheed Ansari, Noori Parween, Md. Jamil, Eqbal v. State of Jharkhand and Ayesha Sanzari.

What did the court decide?

Quashing of the complaint case, the cognizance order dated 27.04.2023 of J.M.F.C. – XIII, Ranchi, and all further proceedings; Cr. M. P. No. 2273 of 2023 along with I.A. No. 12153 of 2024 allowed and accordingly disposed of. ¶21

MD Khursheed Ansari Vs the State of Jharkhand — Jharkhand HC (2025) — LawSathi Research

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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Cr. M. P. No. 2273 of 2023

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With

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I.A. No. 12153 of 2024

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1. Md. Khursheed Ansari, age 42 years, S/o Mohd. Gulam Ansari, R/o Kotam, PO – Gumla, PS – Gumla, Gumla – 835207, Jharkhand.

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2. Noori Parween, age 39 years, W/o Md. Khursheed Ansari, R/o Anand Vihar, Behind F.C.I. Colony, Godown, PO- Doranda, PS – Argora, District – Ranchi – 834002.

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3. Md. Jamil age 67 years, S/o late Md. Khalil, R/o Kotam, PO – Gumla, PS – Gumla, District – Gumla, 835207, Jharkhand.

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4. Eqbal, age 36 years, S/o Md. Jamil, R/o PO & PS – Hindpiri, District – Ranchi – 834001, Jharkhand. ….. Petitioners

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Versus

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1. The State of Jharkhand.

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2. Ayesha Sanzari, W/o Md. Aslam, R/o Anand Vihar, Kadru, Behind F.C.I. Godown, PO – Doranda, PS- Argora, District – Ranchi – 834002. ….. Opp. Parties

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--------CORAM: HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA

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-------- For the Petitioner : Mr. Asif Khan, Advocate : Md. Zubair Khan, Advocate For the Opp. Parties : Mr. Pankaj Kumar, APP ---------

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Order No. 08/Dated: 05^th February, 2025

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1. Heard the learned counsel for the parties.

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2. The Interlocutory Application No. 12153 of 2024 has been filed by way of a Joint Compromise between the parties wherein the parties pray for quashing of the Complaint Case No. 11214 of 2022. Petitioner further prays for quashing of the order dated 27.04.2023 passed by the learned Court of J.M.F.C. – XIII, Ranchi by which the cognizance for the offence punishable under Sections 323, 341, 379, 504 and 506 r/w 34 of the Indian Penal Code, has been taken against the petitioners.

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3. Learned counsel for the petitioners submits that there was a dispute of common drainage between the parties. He further submits that both the parties have amicably settled the dispute and Joint Compromise Petition in the sake of this I.A. has been filed.

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Therefore, this case may be disposed of in terms of the compromise between the parties and further proceeding of the case may be quashed.

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4. It appears that in the instant Cr. M. P., petitioners have challenged the order dated 27.04.2023 passed by the learned Court of J. M. -XIII, wherein the learned Court below took Cognizance for the offence u/s 323, 341, 379, 504 and 506 r/w 34 of the Indian Penal Code. The amicable settlement arrived at between the parties and cognizance for the offence taken, are compoundable offence, hence, the continuance of further proceedings would not be in the interest of justice.

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5. In view of the above-mentioned facts and reasons as well as the order taking cognizance dated 27.04.2023 and further proceeding of the case, in connection with Complaint Petition No. 11214 of 2024 is quashed.

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6. The instant Cr. M. P . along with I.A. No. 12153 of 2024 is allowed and accordingly disposed of.

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(Pradeep Kumar Srivastava, J.)

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Aditi

MD Khursheed Ansari v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

MD Khursheed Ansari v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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