Research › Search › Judgment

Jharkhand High Court · body

2017 DIGILAW 443 (JHR)

Anwar Hussain, Son of Jahur Miyan v. State of Jharkhand

2017-03-02

RONGON MUKHOPADHYAY

body2017
ORDER : Heard the parties. 2. In this application, the petitioners have prayed for quashing the entire criminal proceeding in connection with Tandwa P.S. Case No. 56/2014 including the order dated 3.7.2015, passed by the learned Additional Chief Judicial Magistrate, Chatra, whereby and whereunder cognizance has been taken for the offence under sections 366, 498-A/34 of IPC and 3/4 of D.P. Act. 3. It has been submitted by the learned counsel for the petitioners that the petitioners are in-laws of the opposite party no. 2 and infact the husband of the opposite party no. 2 has already been acquitted by the learned trial court based on the compromise effected between the parties. It has further been submitted that opposite party no. 2 as well as her husband are residing together and since good relations have been restored and the matter has been compromised, entire criminal proceedings as against the petitioners should be quashed. 4. At this, Mr. Md. Shabbuddin, learned counsel for O.P. No. 2, has put reliance on the affidavit filed by the opposite party no. 2, in which she had accepted the factum of compromise. Learned counsel has also reiterated the stand what has been stated by the learned counsel for the petitioners with respect to the fact that the opposite party no. 2 and her husband are residing together. 5. It appears that at the time of trial of the husband of the opposite party no. 2, the fact of compromise was brought to the notice of the court, which has been noted in the judgment dated 2.10.2016 wherein it has been indicated that the parties have compromised the case. It further appears from the statement of the opposite party no. 2 recorded in course of trial that the informant has accepted the fact that she is being treated as daughter in law of the petitioners and she does not have any complain against them. In view of the submissions advanced by the opposite party no. 2, trial of her husband ended in acquittal. Petitioners are in-laws of the opposite party no. 2. Since the matter has been compromised between the parties and goods relations have restored between them and since husband of the opposite party no. 2 has been acquitted by the learned trial court, continuation with the criminal proceeding as against the petitioners would be an abuse of the process of court. 6. 2. Since the matter has been compromised between the parties and goods relations have restored between them and since husband of the opposite party no. 2 has been acquitted by the learned trial court, continuation with the criminal proceeding as against the petitioners would be an abuse of the process of court. 6. Accordingly, in view of what has been stated above, this application is allowed and the entire criminal proceeding in connection with Tandwa P.S. Case No. 56/2014 including the order dated 3.7.2015, passed by the learned Additional Chief Judicial Magistrate, Chatra, whereby and whereunder cognizance has been taken for the offence under sections 366, 498-A/34 of IPC and 3/4 of D.P. Act, is hereby quashed and set aside.