G. Eswara Rao And Others vs State Of Jharkhand And Others

Sanjay Kumar Dwivedi, J

Heard Mr. Praveen Shankar Dayal, learned counsel for the petitioners, Mrs. Vandana Bharti, learned counsel for the State and Mr. Suraj Singh, learned counsel for opposite party no.2.

This petition has been filed for quashing of the entire criminal proceeding including the order taking cognizance dated 20.04.2015 in connection with Dhanbad P.S. Case No.712 of 2014, corresponding to G.R. No.3237 of 2014, pending in the Court of the learned Judicial Magistrate, Dhanbad.

Mr. Praveen Shankar Dayal, learned counsel for the petitioners submits that the case is arising out of commercial dispute between the petitioners and opposite party no.2. He submits that now a good sense has prevailed between the parties and now the matter has been settled between them. He further submits that in view of compromise, sum of Rs.72,19,302.50/- (Rupees Seventy Two Lakhs Nineteen Thousand Three Hundred Two and Fifty Paise) has already been returned back to opposite party no.2. He submits that this fact has also been admitted by opposite party no.2 in paragraph 5 of the counter affidavit filed by opposite party no.2. On these grounds, he submits that the entire criminal proceeding may kindly be quashed.

Mr. Suraj Singh, learned counsel for opposite party no.2 submits that the counter affidavit has been filed on behalf of opposite party no.2, wherein, it has been admitted in paragraph 5 that the outstanding amount has been received by opposite party no.2. He further submits that in paragraph 7 of the counter affidavit, it has been disclosed that opposite party no.2 is having no grievance against the petitioners. He also submits that opposite party no.2 does not want to proceed further in the matter.

Admittedly, there is no societal interest in the case. The matter is arising out of commercial dispute and the outstanding amount has already been received by opposite party no.2 and in view of that, to allow to continue the proceeding will amount to abuse of process of law.

In view of the above facts, reasons and analysis, the entire criminal proceeding including the order taking cognizance dated 20.04.2015 in connection with Dhanbad P.S. Case No.712 of 2014, corresponding to G.R. No.3237 of 2014, pending in the Court of the learned Judicial Magistrate, Dhanbad are quashed.

Accordingly, this petition is allowed and disposed of.

Interim order, if any granted by this Court, is vacated.