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2017 DIGILAW 151 (JHR)

Kailash Chandra Agarwal, S/o Jamuna Prasad Agarwal v. State of Jharkhand

2017-01-19

RONGON MUKHOPADHYAY

body2017
ORDER : Heard Mr. Santosh Kumar Gautam, learned counsel appearing for the petitioners and Mr. A.K. Pandey, learned A.P.P. for the State in Cr. M.P. No. 560 of 2016 and Mr. Asif Khan, learned A.P.P. for the State in Cr. M.P. No. 2904 of 2016 as well as Mr. D.K. Prasad, learned counsel for the opposite party no. 2 in both the cases. 2. Since both the applications are with respect to quashing of the entire criminal proceedings in connection with Chakradharpur P.S. Case No. 158 of 2015, corresponding to G.R. No. 352 of 2015 the same are being heard and disposed of together. 3. The petitioners in Cr. M.P. No. 560 of 2016 are the in-laws of the opposite party no. 2 whereas the petitioner in Cr. M.P. No. 2904 of 2016 is the husband of the opposite party no. 2. 4. Submission has been advanced by the learned counsel for the petitioners that during the pendency of the criminal case the matter between the parties have been resolved and on account of the compromise so arrived at the criminal proceedings instituted against the petitioners deserves to be quashed and set aside. 5. Mr. D.K. Prasad, learned counsel appearing for the opposite party no. 2 has accepted the factum of compromise and has referred to the joint compromise petition and has submitted that the parties have decided to separate and for which separate application has been filed by the petitioner in Cr. M.P. No. 2904 of 2016 as well as the opposite party no. 2 in a separate proceedings. Learned counsel for the opposite party no. 2 has also submits the he does not have any objection if the entire criminal proceedings as against the petitioners are quashed and set aside. 6. It appears that the case u/s 325, 361 & 498A of the I.P.C. and Section 3 & 4 of the D.P. Act, was instituted as against the petitioners being Chakradharpur P.S. Case No. 158 of 2015, corresponding to G.R. No. 352 of 2015. The allegation made in the First Information Report was with respect to torture meted out to the opposite party no. 2 on account of non fulfillment of the demand of dowry. During the pendency of the criminal proceedings the matter seems to have been settled and a joint compromise petition by way of I.A. No. 7724 of 2016 has been filed. 2 on account of non fulfillment of the demand of dowry. During the pendency of the criminal proceedings the matter seems to have been settled and a joint compromise petition by way of I.A. No. 7724 of 2016 has been filed. The interlocutory application reveals that the matter has been settled between the parties amicably and as a onetime settlement an amount of Rs. 1,00,000/- has already been handed over to the opposite party no. 2. Such circumstances do indicate that the matter has finally been laid to rest on account of the compromise so arrived at. 7. In such view of the matter therefore continuation of the criminal proceedings as against the petitioners would be an act in futility. Accordingly, these applications are allowed on the basis of compromise and the entire criminal proceedings in connection with Chakradharpur P.S. Case No. 158 of 2015, corresponding to G.R. No. 352 of 2015 registered for the offences punishable u/s 325, 361 & 498A of the I.P.C. and Section 3 & 4 of the D.P. Act is hereby quashed and set aside. 8. Pending I.As. also stand disposed of.