Rakesh Agarwal @ Rakesh And Ors vs State Of Jharkhand And Ors

Heard Mr. Amit Kumar Das, learned counsel for the petitioners.

Heard Mr. Abhay Kr. Tiwari, learned counsel appearing on behalf of the opposite party - State.

Heard Mr. Jitendra Nath Upadhyay, learned counsel appearing on behalf of the opposite party no. 2.

This criminal miscellaneous petition has been filed for quashing the entire criminal proceedings in connection with Complaint Case No. 2796 of 2011 including the order dated 16.03.2012 passed by the learned Judicial Magistrate, 1 st Class, at Jamshedpur, whereby and whereunder he has been pleased to take cognizance as against the petitioners for an offence under Sections 406, 420/34 of the Indian Penal Code, now pending in the court of learned Judicial Magistrate, 1st Class, at Jamshedpur.

Learned counsel for the petitioners submits that matter has been settled out of Court and accordingly, a supplementary-affidavit has been filed by the opposite party no. 2 bringing on record the memorandum of settlement. He also submits that as per the memorandum of settlement entered into between the parties, it has been mentioned that the first party i.e. the present opposite party no. 2 would withdraw the case being C1/ 2796 of 2011 said to be pending in the court of learned Chief Judicial Magistrate at Jamshedpur as well as other civil suit/execution case.

The learned counsel appearing on behalf of the petitioners has also submitted that the dispute is in the realm of private dispute between the parties and there is no legal impediment in quashing the criminal case.

Learned counsel for the petitioners has also submitted that a joint compromise petition has also been filed being I.A. No. 5091 of 2020.

Learned counsel for the opposite party no. 2 does not dispute the submissions made on behalf of the petitioners and he submits that the opposite party no. 2 has no objection if the present criminal case is quashed as the parties have settled the dispute outside the court.

Learned counsel appearing on behalf of the opposite party - State submits that the matter is in the realm of dispute between the petitioners and the opposite party no. 2 and therefore, he does not have any objection if the entire criminal proceedings as against the petitioners is quashed by this Court in exercise of power under Section 482 of Code of Criminal Procedure Code to meet the ends of justice. He also submits that if the parties have compromised, there is no purpose of proceeding before the learned court below.

After hearing the learned counsel for the parties and considering the facts and circumstances of this case, this Court finds that the dispute between the parties is in the realm of private dispute and as they have already compromised the matter out of court and the opposite party no. 2 has no objection to quashing of the entire criminal proceedings, this Court, in exercise of power under Section 482 of Code of Criminal Procedure, hereby quashes the entire criminal proceedings against the petitioners including the order taking cognizance dated 16.03.2012 in connection with Complaint Case No. 2796 of 2011.

This petition is hereby disposed of.

I.A. No. 5091 of 2020 is also disposed of.

Let a copy of this order be communicated to the learned court below through "FAX".