Veer Pratap Singh And Others vs State Of Jharkhand And Others

Sanjay Kumar Dwivedi, J

This petition has been filed for quashing the entire criminal proceeding including the First Information Report in connection with Gonda P.S.Case No.81 of 2021 dated 23.09.2021, pending in the court of learned Judicial Magistrate, First Class XXI/A.M.IX, Ranchi.

It has been submitted that the petitioners are residing at Rajasthan and there is making the O.P.No.2 as Director in the company for 10 days using the documents of the O.P.No.2. It has been submitted that there are procedure of making of Director in the company and for which One Time Password is being issued on the mobile of the person who is said to be made as Director of the company and thereafter only after verification of the O.T.P, anybody is said to be made the Director in the company. It has been submitted by the learned counsel for the petitioners that now a compromise has been arrived at between the parties and for that one I.A. being I.A. No.4229/2022 has been filed. He submits that the terms and conditions of the compromise has been disclosed in paragraph no.4 of the said I.A.

Mr. Ajit Kumar, the learned Senior counsel along with Mr. Ajay Kumar Sah, the learned counsel for the O.P.No.2 submits that the compromise has been entered into between the parties and in the terms and conditions of the compromise disclosed in paragraph no.4 of the said petition is correct as has been submitted by the learned counsel appearing for the petitioners. He submits that this joint petition is filed on separate affidavits of the petitioners as well as the O.P.No.2. He submits that this matter is arising between two individuals and there is no societal interest involved in this matter and this Court may interfere to quash the FIR.

Looking into the documents on record, it appears that the case has been lodged by the O.P.No.2 on the ground of making him as one of the Director of the company. The compromise has been entered into between the parties which is not in dispute and in terms of the compromise as disclosed in para no.4 of I.A. being I.A. No.4229/2022, as there is no societal interest involved in the matter, and even the matter is allowed to be investigated and charge sheet being submitted, there is no likelihood of conviction and it will amount to abuse of the process of law.

Accordingly, looking to the judgment of Hon’ble Supreme Court in the case of ‘Narinder Singh & Ors. Versus State of Punjab & Anr.’ reported in (2014) 6 SCC 466 and ‘Gian Singh Vs. State of Punjab & Anr.’ reported in (2012) 10 SCC 303, this is a case to exercise power under section 482 Cr.P.C.

Accordingly, entire criminal proceeding including the First Information Report in connection with Gonda P.S.Case No.81 of 2021 dated 23.09.2021, pending in the court of learned Judicial Magistrate, First Class XXI/A.M.IX, Ranchi is quashed.

Cr.M.P.No.3373 of 2021 stands allowed and disposed of.

I.A. No.4229/2022 stands disposed of.