Extracted from the PDF above. The PDF is authoritative.
2025:JHHC:20884 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(Cr.) No. 610 of 2023 ------ Anup Kumar Rai, son of late Saryu Rai, resident of Old Purulia Road, Near Chandra Jyoti Petrol Pump, Chepapul, Pardih, Mango, P.O and P.S. Mango, District- East Singhbhum, Jharkhand.
… Petitioner(s) Versus
1. The State of Jharkhand
2. The Superintendent of Police, Giridih.
3. The Officer-in-Charge, Giridih (Town) Police Station, Giridih, Jharkhand.
4. The Investigating Officer of Giridih (Town) P.S. Case No. 68 of 2021, Giridih Town, Giridih, Jharkhand.
5. Ramdeo Singh, son of late Bado Singh, resident of New Barganda, Giridih, P.O and P.S. Giridih (Town) , District- Giridih, Jharkhand. …. Respondent(s)
------
CORAM :
SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Zaid Imam, Advocate. For the State Mr. Baibhaw Gahlaut, AC to AAG-V . For respondent No. 5 : Mr. R.S. Mazumdar, Sr. Advocate. M/s J. Mazumdar and Sudhir Kr. Roy, Advocates. …..... 10/29.07.2025: Heard the parties.
2. In this criminal writ petition, the petitioner has prayed for quashing the entire criminal proceedings along with the FIR being Giridih(Town) P.S. Case No. 68 of 2021, registered under Section 406, 420 and 506 of the Indian Penal Code.
3. During course of arguments, the parties submit that they have resolved the dispute. It has been submitted by the counsel for the petitioner that total amount of Rs.38,50,000/- has been paid to the informant, which the informant has received. It has also been submitted that since the amount has been paid to the informant and it is specific instruction of the petitioner that he will not claim refund of the same, the same may be treated to be full and final settlement in this case as resolution of the dispute.
4. The counsel for the informant admits that the informant has received Rs.38,50,000/- and has no further claim against the petitioner which can be said to have arisen out of Giridih(Town) P.S. Case No. 68 of 2021. He further submits that since the amount has been received by the informant as full and final settlement and the petitioner has given undertaking to this Court through their learned Advocate that he will not seek refund of the aforesaid amount, even if the
case is quashed, the informant has got no grievance against the petitioner and the informant is agreeable for quashing of the entire criminal proceeding.
5.
Learned counsel for the State submits that the dispute is between two individuals, which arose because of a private agreement between the parties. If the petitioner and the informant (respondent No. 5) have resolved the dispute, the State has got nothing to say in this matter. The State will not come in between the parties nor will oppose the said resolution.
6. After hearing the parties, I find that the FIR being Giridih (Town) P.S. Case No. 68 of 2021 has been registered under Sections 406, 420, 506 IPC.
7. Section 320 Cr.P.C provides for compounding of offences. This section specifies which are the offences, which can be compounded and by whom, and also outlines the procedure for compounding.
8. Section 506 of the Indian Penal Code deals with criminal intimidation. The same is compoundable by the person, who has been intimidated. In this case, it is the respondent No. 5. Further Section 420 IPC deals with cheating and dishonestly inducing the delivery of property. The said offence is also compoundable, but with the permission of the Court at the instance of the person, who has been cheated. Similarly Section 406 IPC deals with the punishment of criminal breach of trust. The same is also compoundable with the permission of the Court.
9. Since the case arises out of business transaction and the petitioner has paid the entire amount to the informant at the time of grant of anticipatory bail in ABA No. 6507 of 2021 and the petitioner i.e. the accused has stated that he will not seek refund of Rs.38,50,000/-, which has been paid to the informant and the matter has been compounded between the parties, I am inclined to allow this criminal writ petition. Accordingly, this petition is allowed.
10. Consequently, the entire criminal proceeding in connection with Giridih(T) P.S. Case No. 68 of 2021 is hereby quashed.
11. Pending interlocutory application, if any, also stands disposed of.
Anu/-Cp3.
(ANANDA SEN, J.)