Rajan Shukla vs State of Jharkhand and Others

Rakesh Ranjan Prasad, J.—The order dated 8.9.2008 passed in Koderma (Telaiya) P.S. Case No. 328 of 2008 under which cognizance of the offences punishable under Sections 406, 407, 379 of the Indian Penal Code has been taken against the petitioner is being sought to be quashed on the ground that the parties got their monetary dispute settled and thereby the petitioner, owner of the property has entered into a compromise. It is the case of the prosecution that the driver and khalasi of the truck bearing registration No. JH-12B-8694 was supposed to take sponge iron to the factory of the informant but they instead of coming to factory brought the truck at a place from where Sponge lorn was taken out from the truck and this petitioner was found present at the spot when iron ore was being removed from the truck.

Learned counsel appearing for the petitioner submits that after the investigation, charge-sheet was submitted, upon which cognizance of the offences punishable under Sections 406, 407, 379 of the Indian Penal Code was taken. That order was challenged before this Court and while the matter was pending before this Court, the parties entered into a compromise and filed a joint compromise petition by way in interlocutory application bearing No. 1715 of 2013 and therefore, the compromise be accepted and the order taking cognizance be quashed.

Learned counsel appearing for the opposite party No. 2 accepts that the parties got their dispute settled.

Thus, in view of the fact that whatever dispute was there in between the parties, they got their dispute settled and that the dispute which was there in between the parties was personal in nature never involving any public policy and thereby compromise arrived at in between the parties is accepted. Consequently, the order taking cognizance is hereby quashed. In the result, this application stands allowed.