Chandra Bhushan Tiwary vs State Of Jharkhand And Ors

Heard Mr. Prashant Kumar Rai, counsel appearing on behalf of the petitioner.

Heard Mr. Sanjay Kumar, counsel appearing on behalf of the opposite party no. 2.

Heard Ms. Vipul Divya, Advocate appearing on behalf of the opposite party- State of Jharkhand.

Counsel for the parties jointly submit that I.A. No. 4154 of 2019 has been filed by way of joint compromise petition between the petitioner and the opposite party no. 2.

The counsel for the petitioner submits that there is a family dispute involved in this case and the petitioner is the son of opposite party no. 2. He submits that they have amicably resolved the disputes among themselves.

Counsel for the opposite party no. 2 does not dispute the fact that the matter has been amicably settled. He further submits that there is no public money involved in this case and the entire dispute relates to family dispute between the parties.

Counsel for the opposite party -State also does not dispute the fact that there is no public money is involved in this case and the entire dispute is private dispute within the family i.e. between mother and son. She also does not have any objection if I.A. No. 4154 of 2019 is considered and the entire criminal proceedings is quashed.

After hearing the counsel for the parties and after considering the averments made in I.A. No. 4154 of 2019 as well as the allegations made in the First Information Report, this Court finds that the entire dispute relates to the family matter and arises out of family dispute between the petitioner and his mother (opposite party no. 2) and they have filed a joint compromise petition, wherein it has been stated at para 6 that opposite party no. 2 craves leave of this Court to allow her to compromise the case with the petitioner and she does not want to proceed.

Considering the facts and circumstances of this case and considering the fact that the private dispute between the parties has been settled out of court and the opposite party no. 2 does not wish to proceed against the petitioner and also that no element of public money or public interest is involved in the present case as well as the fact that no useful purpose will be served by continuing the criminal proceedings against the petitioner, the entire criminal proceedings as against the petitioner arising out of Balidih P.S. Case No. 166/2013, corresponding to G.R. No. 1855/13, T.R. No. 197/13, registered under Sections 323, 341, 379, 406, 409, 420, 467, 468, 471 and 472 of the Indian Penal Code, pending in the court of Judicial Magistrate, Ist Class, Bokaro, is hereby quashed and set-aside. I.A. No. 4154 of 2019 is also disposed.

This criminal miscellaneous petition is hereby disposed of.

Any other pending interlocutory application is dismissed as not pressed.