Nilanjan Guha, S/o Nirmal Guha v. State of Jharkhand
2017-02-28
RONGON MUKHOPADHYAY
body2017
DigiLaw.ai
ORDER : Heard Mr. Vijay Kant Dubey, learned counsel appearing for the petitioners and Mr. Shekhar Sinha, learned A.P.P. for the State as well as Ms. Rashmi Kumari, learned counsel for the opposite party no. 2. 2. In this application, petitioners have prayed for quashing of the entire criminal proceedings in connection with Complaint Case No. 261 of 2012, including the order dated 03.04.2013 passed by the learned Chief Judicial Magistrate, Koderma whereby and whereunder cognizance has been taken for the offences punishable u/s 498A of the Indian Penal Code and Section 3/4 of the D.P. Act. 3. It has been submitted by the learned counsel for the petitioners that the matter has been compromised between the parties and pursuant to the compromise an application u/s 13 (B) of the Hindu Marriage Act was filed before the learned Principal Judge, Family court, Koderma which was allowed vide judgment dated 18.05.2016. It has been submitted by the learned counsel for the petitioners that the Maintenance Case preferred by the opposite party no. 2 was also dismissed for non-prosecution. It has also been submitted that perhaps the opposite party no. 2 has solemnized another marriage and in view of the compromise between the parties continuation of the criminal proceedings as against the petitioners would be an abuse of the process of Court. 4. Ms. Rashmi Kumari, learned counsel appearing for the opposite party no. 2 on instruction has accepted the factum of compromise between the parties. 5. It appears that the petitioner no. 1 is the husband of the opposite party no. 2 whereas the petitioner nos. 2, 3 and 4 are the in-laws of the opposite party no. 2. It appears that initially a Complaint Case was instituted being Complaint Case No. 261 of 2012 in which it was alleged that the opposite party no. 2 had solemnized marriage with the petitioner no. 1 on 23.01.2005. It is alleged that she was continuously harassed by the petitioner no. 1 and was also subjected to physical and mental torture. Further allegation has been leveled that in April 2006 she was driven out from her matrimonial house. It has also been alleged that the in-laws of the complainant had come to the house of the opposite party no. 2 and used filthy language and had abused her.
1 and was also subjected to physical and mental torture. Further allegation has been leveled that in April 2006 she was driven out from her matrimonial house. It has also been alleged that the in-laws of the complainant had come to the house of the opposite party no. 2 and used filthy language and had abused her. Based on the aforesaid allegation Complaint Case No. 261 of 2012 was instituted in which after conducting an inquiry u/s 202 of the Cr.P.C., cognizance was taken against the petitioners for the offences punishable u/s 498A of the Indian Penal Code and Section 3/4 of the D.P. Act. During the pendency of this case an application u/s 13 (B) of the Hindu Marriage Act was preferred on behalf of the petitioner no. 1 as well as the opposite party no. 2 which was registered as Matrimonial Suit No. 38 of 2015 and vide judgment dated 18.05.2016 the learned Principal Judge, Family Court, Koderma has dissolved the marriage between the petitioner no. 1 and the opposite party no. 2 on the basis of mutual consent. An application u/s 125 Cr.P.C. was also preferred by the opposite party no. 2 being Maintenance Case No. 60 of 2013 which was dismissed for non-prosecution on 29.02.2016. In the present case also an application for withdrawal of the complaint was filed by the opposite party no 2 which has been brought on record in the supplementary affidavit preferred by the petitioner. 6. The scenario as depicted above thus would lead to a conclusion that since the parties had arrived at a settlement and the opposite party no. 2 is not interested to proceed further in the complaint case instituted by her and in view of the compromise so arrived at between the parties continuation of the criminal proceedings as against the petitioners would be an abuse of the process of the Court and therefore the entire criminal proceedings in connection with Complaint Case No. 261 of 2012, including the order dated 03.04.2013 passed by the learned Chief Judicial Magistrate, Koderma, whereby and whereunder cognizance has been taken for the offences punishable u/s 498A of the Indian Penal Code and Section 3/4 of the D.P. Act, is hereby, quashed and set aside. 7. This application stands allowed. 8. Pending I.A. also stands disposed of.