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2025 DAILYLAW 5076 (JHR)

RAJIV MUNDHRA v. THE STATE OF JHARKHAND

W.P.(Cr.)/111/2025 · 2025-08-28

Ambuj Nath

body2025

Judgment text

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(2025:JHHC:25953) IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(Cr.) No. 111 of 2025 1. Rajiv Mundhra, aged about 48 years, son of Bithal Mundra, resident of 126, Southern Avenue, Sarat Bose Road, Kolkata P.O. & P.S. Gariahat, Kolkata, West Bengal - 700029. 2. Goutam Kar, aged about 65 years, son of Late Palash Ranjan Kar, Resident of 58, Babubagan Lane, Dhakuria, P.O. & P.S. Dhakuria, Kolkata, West Bengal -700031. 3. Prasanta Biswas alias Prasanta Kumar Biswas, aged about 57 years, son of Sushil Kumar Biswas, resident of B2-289/4, V.K. Nagar, M.A.M.C Durgapur 10, Durgapur (m. Corp.), Durgapur Heavy Engg Plant, Barddhaman, P.O. & P.S. New Township, Kolkata, West Bengal - 713210. 4. Gopal Bera, aged about 51 years, son of Gopal Hari Bera resident of D- 3, Diamond Park, Vivekananda Apartment, P.O. Pailan Hat & P.S.- Bishunpur, Kolkata, West Bengal -700104 5. Debarata Chatterjee, aged about 60 years, son of Lakshmi Narayan resident of 101, Sahana Apartment, 186, B.B. Chatterjee Road, Kasba P.O. & P.S. Kasba, Kolkata, West Bengal-700042 6. Vikas Pandey alias Vikas Kumar Pandey, aged about 48 years, son of Surya Nath Pandey, resident of 34 Nonatola, Chandann Nagar (P), Hooghly, P.O. & P.S. Chandan Nagar, Kolkata, West Bengal-712136. 7. Ajay Soni alias Ajay Sony Singh, aged about 45 years, son of Rana Pratap Singh, resident of 10/10/57, Ghoshpara Road, Jadunath Bali, North 24 Parganas, Harinagar, P.O. & P.S. Hazinagar, Kolkata, West Bengal- 743135. … Petitioners - Versus - 1. The State of Jharkhand 2. Rohit Kumar, son of Rajeev Kumar, resident of village- Charadih, Koderma, P.O. & P.S.- Koderma, District- Koderma, Jharkhand, 825409 … Respondents ------ CORAM: - HON’BLE MR. JUSTICE AMBUJ NATH ----- For the Petitioners : Mr. Sumeet Gadodia, Advocate For the Res.-State : A.C. to A.G. For the Respondent No.2 : Mrs. Ritu Kumar, Advocate --- 05/28.08.2025 Heard the parties. 2. The petitioner has filed this application for quashing of entire criminal proceeding including First Information Report of Tilaiya P.S. Case No.134 of 2024 (Annexure-1) for the offence allegedly committed under Sections 406, 419, 420, 467, 468 and 120(B) of the I.P.C. 3. The petitioners had entered into an agreement with the private -respondent no.2 Rohit Kumar, who was administrator of Sharp Infra Assembly and Simplex Infrastructure Ltd. for constructing a boundary -2- wall at Tilaiya. It appears that there was some dispute over part payment of Rs. 37,08,000/- lakhs to the respondent No.2, for which, the present case has been instituted. 4. Mr. Sumeet Gadodia, learned counsel for the petitioners submitted that from the plain reading of the F.I.R., it is apparent that the offence alleged is of civil nature and no criminal case can be made out. It was further submitted that parties have settled their dispute. It was further submitted that no case under Sections 467, 468 of the I.P.C. is made out in the present case. 5. Mrs. Ritu Kumar, learned counsel for the respondent no.2 has also submitted that parties have settled their dispute and offence under Sections 406, 420, of the I.P.C. is compoundable in nature, while no case under sections 467, 468 of the I.P.C. is made out. 6. In view of the aforesaid facts, this court permits the parties to compound the case. Accordingly, Tilaiya P.S. Case No.134 of 2024 (Annexure-1) and entire criminal proceedings of this case is quashed. 7. This application is allowed. Pending I.A., if any, also stands disposed of. (Ambuj Nath, J.) Jay/-