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2025 DAILYLAW 31403 (JHR)

IMTIYAZ ANSARI ALIAS MD. IMTIYAZ v. THE STATE OF JHARKHAND

Cr.M.P./19/2025 · 2025-02-19

Ambuj Nath

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. M.P. No. 19 of 2025 1. Imtiyaz Ansari @ Md. Imtiyaz, aged about 45 years, S/o Late Jamal Ansari 2. Sajjad @ Lakru @ Sajad Hussain @ Md. Sajjad, aged about 39 years, S/o Jamal Ansari 3. Sahil Ansari @ Md. Sahil Ansari, aged about 22 years, S/o Imtiyaz Ansari 4. Rijwana Parween @ Rejwan Parween, aged about 42, W/o Imtiyaz Ansari, all are residents of village East Bhagatdih, near Masjid, P.O & P.S. Jharia, District Dhanbad --- --- Petitioners Versus 1. The State of Jharkhand 2. Md. Naushad Ansari, S/o Md. Mustafa Ansari, R/o Village East Bhagatdih, near Masjid, P.O. & P.S. Jharia, District Dhanbad --- --- Opp. Parties --- CORAM: Hon’ble Mr. Justice Ambuj Nath --- For the Petitioners: Mr. Lukesh Kumar, Advocate For the O.P-State: Mr. Fahad Allam, A.P.P. For the O.P. No. 2: Mr. Pradeep Kumar, Advocate --- 03 / 19.02.2025 This application has been filed for quashing of the entire criminal proceedings arising out of Jharia P.S. Case No. 106 of 2021 corresponding to G.R. No. 2010 of 2021 registered under sections 147, 149, 323, 447, 379, 504 and 506 of the Indian Penal Code, including the order taking cognizance dated 18.08.2021, passed by the learned A.C.J.M., Dhanbad, whereby and wherein, learned Magistrate has taken cognizance of the offences under sections 147, 323, 447, 504/149 of the Indian Penal Code. 2. It was submitted that the parties have settled the dispute and have compromised the matter. It was further submitted that the offences under sections 323, 447 and 504 of the Indian Penal Code are compoundable in nature. However, section 147 of the Indian Penal Code is non- compoundable. It was further submitted that no public policy is involved in this dispute and as such, parties may be permitted to compound the case. 3. Mr. Pradeep Kumar, learned counsel appearing on behalf of the opposite party no. 2, submitted that due to intervention of common friends and well-wishers, parties have settled their dispute. It was also 2. submitted that if the case is allowed to continue, it will be an abuse of the judicial process and judicial time. 4. It appears that the parties have already compromised the case and the fate of this case is well known. It further appears that no public policy will be jeopardised if the parties are permitted to settle their dispute. 5. Considering the aforesaid facts, parties are permitted to compound the case. Accordingly, the entire criminal proceedings arising out of Jharia P.S. Case No. 106 of 2021 corresponding to G.R. No. 2010 of 2021 registered under sections 147, 149, 323, 447, 379, 504 and 506 of the Indian Penal Code including the order taking cognizance dated 18.08.2021, passed by the learned A.C.J.M., Dhanbad, are hereby quashed. Pending I.A., if any, also stands disposed of. (Ambuj Nath, J) Ranjeet/ Uploaded