Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P.No. 04 of 2025
1. Bhim Prasad, aged about 59 years, S/o Late Jageshwar Prasad, Proprietor of B.P. construction,
2. Hemant Jee @ Hemant Kumar, aged about 32 years, S/o Shri Rajkumar Gupta, Supervisor of B.P. Construction,
3. Shiv Shankar @ Shiva Shankar Tandia @ Shiva Sanker Tandia, aged about 39 years, S/o Shri Kishore Kumar Tandia, Incharge, B.P. Construction,
All available at B.P. Construction Office, Galaxy Mall, 2nd Floor,
Ratu Road, P.O. Hehal, P.S. Sukhdeonagar, Dist. Ranchi
(Jharkhand)
…. … Petitioners
Versus
1. The State of Jharkhand
2. Subas Chandra Sahoo, Son of Shri Manmohan Sahoo, Aged about 43 years, resident of Kathitand, Radio Station, Ratu, P.O. Kathitand, P.S. Ratu, Dist. Ranchi (Jharkhand)
…. … Opp. Parties
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CORAM : HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA
For the Petitioners : Mr. Rajeev Kumar Sinha, Advocate
: Mr. Vishnu Kumar Mahto, Advocate For the State
: Mr. Pankaj Kumar Mishra, A.P.P. For the O.P.No.2 : Mr. Rakesh Kumar, Advocate
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Order No. 02/ dated 16.01.2025
I.A.No.13760 of 2024 in the nature of joint compromise application has been filed by the parties.
2. Heard the learned Counsel for the petitioners and the
learned Counsel for the O.P.No.2.
3. It is submitted by the learned Counsel for the petitioners that the instant case was instituted by O.P.No.2- Subas Chandra Sahoo against the petitioners which was registered as Ratu P.S. Case No. 231 of 2024 for the offence under Sections 323/420/506/34 of the Indian Penal Code.
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4. It is submitted that there was dispute about non-payment of goods supplied by complainant-O.P.No.2 to the petitioners worth Rs. 34 lakhs and odd.
5. It is further submitted that during pendency of this case both the parties have amicably settled their disputes and entire amount of settlement of Rs. 15,00,000/- has been received by the O.P.No.2 through demand draft No. 017187 vide Annexure No.2
“A” to the main petition and demand draft No.037563 Annexure No. A to the Interlocutory Application (Rs. 10,00,000/- and 5,00,000/- respectively).
6. Now no dues have been made to be satisfied by the petitioners. Therefore, continuance of the proceeding of aforesaid criminal case will amount to abuse of process of the Court and no fruitful result would give in the trial of the case. Therefore, this I.A. may be allowed and prayer of the petitioners in Cr. M.P.No. 04 of 2025 may be allowed/granted.
7. On the other hand, learned Counsel for the O.P.No.2 has conceded in the matter and fairly admitted that the entire dues amount has been received by the O.P.No.2 through demand draft and he does not want to proceed in this criminal case.
8. In view of the aforesaid facts and circumstances of the case, the entire criminal proceeding in connection with Ratu P.S. Case No. 231 of 2024, registered for the offence under Sections 323/420/506/34 of the Indian Penal Code, pending in the Court
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of Judicial Magistrate, 1st Class, Ranchi is hereby quashed and set aside.
9. Accordingly, this Cr.M.P. is allowed. Consequently, I.A.No. 13760 of 2024 is also allowed.
(Pradeep Kumar Srivastava, J.)
P.K.S.