Jharkhand High Court
Rakesh Kumar vs The State Of Jharkhand And Anr on 19 August, 2016
Author: R. Mukhopadhyay
Bench: Rongon Mukhopadhyay
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. M.P. No. 1201 of 2016
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Rakesh Kumar ... ... Petitioner
Versus
1. The State of Jharkhand
2. Pyar Chan Prasad ... ... Opp. Parties
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CORAM : HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY
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For the Petitioner : Mr. P.K. Sinha, Advocate
For the State : Mr. Rakesh Kumar, A.P.P.
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02/19.08.2016Heard Mr. P.K. Sinha, learned counsel appearing for the petitioner and Mr. Rakesh Kumar, learned A.P.P. for the State.
In this application the petitioner has prayed for quashing of entire criminal proceedings in connection with Sadar P.S. Case No. 384 of 2008 corresponding to G.R. No. 1384 of 2008 (T.R. No. 1856 of 2016) including the order dated 16.07.2015 passed by the Chief Judicial Magistrate, Hazaribag by which cognizance has been taken against the petitioner u/s 467/468/471/420/120B/34 of the Indian Penal Code.
It has been submitted by the learned counsel for the petitioner that the main allegation has been leveled against one Ram Chandra Yadav and only fleeting reference has been made against the petitioner for assisting Ram Chandra Yadav for encashing of the old cheque. Learned counsel further submits that on account of some misconception the petitioner was made an accused and infact after the matter has been settled a joint compromise petition was also filed in the year 2008 before the learned court below. Learned counsel submits that charge sheet has been submitted in the year 2015 resulting in taking of cognizance. In view of the compromise arrived at entire criminal proceedings deserve to be quashed and set aside.
Mr. Bharat Kumar, learned counsel appearing for the opposite party no. 2 has supported the factum of compromise and has submitted that the opposite party no. 2 does not have any grievance against the petitioner.
It appears from the First Information Report that the main allegation is leveled against Ram Chandra Yadav. So far as the -2- petitioner is concerned he is said to have assisted other persons in getting the cheque encashed. However the compromise which have been arrived at was just immediately after the First Information Report in the year 2008 and the charge sheet was submitted in the year 2015.
Considering that the compromise have been effected between both the sides and the fact that the informant does not want to proceed further in the criminal case instituted against the petitioner I am inclined to allow this application.
Accordingly, on the basis of compromise this application is allowed and the entire criminal proceedings in connection with Sadar P.S. Case No. 384 of 2008 corresponding to G.R. No. 1384 of 2008 (T.R. No. 1856 of 2016) including the order dated 16.07.2015 passed by the learned Chief Judicial Magistrate, Hazaribag by which cognizance has been taken against the petitioner u/s 467/468/471/420/120B/34 of the Indian Penal Code are hereby quashed and set aside so far as the petitioner is concerned.
This application is allowed.
(R. Mukhopadhyay, J.) Alok/-