JUDGEMENT
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(1.) In all these criminal miscellaneous petitions, individual interlocutory applications have been filed informing this Court that the
parties have resolved their dispute. Representative of the parties are also
present before this Court and they admit that they have settled their
dispute. It is admitted that terms of settlement have already been
mentioned in the interlocutory applications filed in each case. Further a
memorandum of undertaking has also been filed along with the
interlocutory applications.
(2.) It is submitted that all these cases are filed under Sections 406 / 420 / 120B of the Indian Penal Code and Section 138 of the Negotiable Instruments Act in different cases. Further Dhansar Police Station Case
No.297 of 2018 and Complaint Case No. 3326 of 2017 have been
registered additionally under Sections 467 , 470 , 471 of the Indian Penal
Code. Offence under Section 138 of the Negotiable Instruments Act is
compoundable and so are the offences under Sections 420 and 406 of the
Indian Penal Code. Thus, there is no impediment in quashing the criminal
cases, which have been filed under Sections 138 of the Negotiable
Instruments Act and Sections 406 / 420 / 120B of the Indian Penal Code. So
far as Dhansar Police Station Case No.297 of 2018 and Complaint Case
No.3326 of 2017 are concerned, in addition to the aforesaid penal
sections, these cases have also been instituted for offences under
Sections 467 , 470 , 471 of the Indian Penal Code. It is submitted that since
the entire dispute relates to business transactions, which have now been
settled, no useful purpose will be served to proceed against the petitioners
in these criminal trials. Trial will amount to wastage of valuable time of
Court. It is submitted that as per the memorandum of settlement, first
installment of money has already been paid.
(3.) Considering the aforesaid submissions and the compromise arrived between the parties in light of the terms of settlement, I am inclined
to allow these criminal miscellaneous petitions. Accordingly, the entire
criminal proceeding as against the petitioners, abovenamed, in connection
with Dhanbad (Dhansar) Police Station Case No.461 of 2014, Complaint
Case No.2507 of 2017, Complaint Case No.1244 of 2017, Complaint Case
No.1240 of 2017, Dhanbad (Dhansar) Police Station Case No.1015 of
2014, C.P. Case No.1531 of 2014, Complaint Case No.3293 of 2018, Complaint Case No. 3326 of 2017, Dhansar Police Station Case No.297 of
2018, Complaint Case No.474 of 2018, Complaint Case No.195 of 2018 and Complaint Case No.3121 of 2017 are hereby quashed.;
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