Munna Kumar Alias Rinku Kuldip Mistri v. State Of Jharkhand
2017-08-23
RONGON MUKHOPADHYAY
body2017
DigiLaw.ai
ORDER Rongon Mukhopadhyay, J. - Heard Mr. A.K. Sahani, learned counsel for the petitioner and Mrs. Gouri Devi, learned counsel for the opposite party No. 2. 2. In this application the petitioner has prayed for quashing the entire criminal proceeding in connection with Parsudih (Sundarnagar) P. S. Case No. 50 of 2015 corresponding to G. R. No. 619 of 2015 including the order dated 28-7-2015 passed by the learned Judicial Magistrate 1st class, Jamshedpur whereby and whereunder cognizance has been taken for the offence punishable under Sections 498-A, 323, 325, 506 & 34 of the IPC and Section 3/4 of the Dowry Prohibition Act. 3. The allegation made in the FIR is that the marriage of the opposite party No. 2 was solemnised with the petitioner on 27-5-2013. There was a demand of car and a mobile made by the petitioner. It is alleged that the demand was not fulfilled on account of which opposite party No. 2 was subjected to torture which resulted in institution of the FIR. After finding the allegation to be true, police has submitted charge-sheet on 27-7-2015 pursuant to which cognizance was taken by the learned Judicial Magistrate. 4. At the outset, it has been stated that the matter has been compromised between the parties for which he has referred to I.A. No. 6378 of 2016. Learned counsel submits that as a good gesture Rs. 3 lacs has already been paid prior to the conclusion of the criminal case. It has been stated that the third and final instalment of Rs. 3 lacs shall be paid to the opposite party No. 2 at the time of passing of decree of divorce under Section 13-B of the Hindu Marriage Act. 5. Mrs. Gouri Devi, learned counsel for the opposite party No. 2 has accepted the factum that the first and second instalment has already been received by her. She further stated that she does not have any objection, if the entire criminal proceeding against the petitioner is quashed. 6. It appears from the perusal of the agreement which is part of the record as I.A. No. 6378 of 2016 that the terms and conditions has been enumerated therein. It also appears that the amount of Rs. 9 lacs agreed upon as full and final settlement as permanent alimony has been divided in 3 parts of Rs. 3 lacs each. The first instalments of Rs.
It also appears that the amount of Rs. 9 lacs agreed upon as full and final settlement as permanent alimony has been divided in 3 parts of Rs. 3 lacs each. The first instalments of Rs. 3 lacs has already been paid. So far as the second instalment of Rs. 3 lacs is concerned, condition was made that after the criminal case is disposed of, the same shall be paid. However, as a good gesture, the petitioner has already made payment of second instalment of Rs. 3 lacs to the opposite party No. 2 which has also been accepted by her. So far as the third instalment of Rs. 3 lacs is concerned, that shall be paid at the time of order of dissolution of marriage is passed by the learned Principal Judge, Family Court, Jamshedpur. As has been stated by the learned counsel for the petitioner, the application under Section 13-B of the Hindu Marriage Act has already been filed by both the parties. Since the terms and conditions have been fulfilled barring payment of third instalment of Rs. 3 lacs, it will be an exercise in futility to continue with the criminal proceeding as against the petitioner. Accordingly, in view of the compromise, the entire criminal proceeding in connection with Parsudih (Sundarnagar) P.S. Case No. 50 of 2015 corresponding to G.R. No. 619 of 2015 including the order dated 28-7-2015 passed by the learned Judicial Magistrate 1st class, Jamshedpur whereby and where under cognizance has been taken for the offence punishable under Sections 498-A, 323, 325, 506 and 34 of the IPC and Section 3/4 of the Dowry Prohibition Act is hereby quashed and set aside. 7. Pending I.A. also stand disposed of.