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2017 DIGILAW 481 (JHR)

Suresh Kumar Agarwal v. State Of Jharkhand

2017-03-06

RONGON MUKHOPADHYAY

body2017
JUDGMENT Rongon Mukhopadhyay, J. – Heard Mr. Shailesh Kumar Singh, learned counsel for the petitioners, Mr. Mukesh Kumar, learned A.P.P. for the State and Ms. Jasvindar Mazumdar, 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 C.P. Case No.2619 of 2015 including the order dated 24.02.2016 passed by the learned Judicial Magistrate, Ist Class, Dhanbad whereby and where-under cognizance has been taken for the offence punishable under Sections 489A, 323 of the I.P.C and Section 4 of the Dowry Prohibition Act. 3. The petitioners are the in-laws of the opposite party no.2 who are alleged to have subjected the opposite party no.2 to torture on account of non-fulfilment of dowry. It has been stated by the learned counsel for the petitioners that the matter has been compromised between the parties and the terms and conditions agreed upon has already been fulfilled by the petitioners. 4. Learned counsel further stated that in the anticipatory bail application filed before the learned Sessions Judge, Dhanbad, a joint compromise petition was also filed on behalf of the parties. 5. Ms. Jasvindar Mazumdar, learned counsel for the opposite party no.2 has accepted the quantum of compromise and stated that since the dispute between the parties have been resolved, the entire criminal proceeding against the petitioners deserves to be quashed and set aside. 6. It appears from the interlocutory application being I.A.No.1693 of 2017 which includes a settlement deed, a perusal of which reveals that the matter between the parties have been compromised and the suit of dissolution of marriage under Section 13B of the Hindu Marriage Act has already been filed. It further appears that an amount of Rs. 26,50,000/- has already been paid to the opposite party no.2 towards full and final settlement of all her claims, apart from the fact that all the goods and articles which were given at the time of marriage which has already been handed over to the opposite party no.2. 7. Since the matter between the husband Gaurav Agarwal and the opposite party no.2 has finally been settled and the terms and conditions of the compromise having been adhered to, continuation of the criminal proceeding as against the petitioner will be abuse of process of the court. 8. 7. Since the matter between the husband Gaurav Agarwal and the opposite party no.2 has finally been settled and the terms and conditions of the compromise having been adhered to, continuation of the criminal proceeding as against the petitioner will be abuse of process of the court. 8. In view of the discussions made above, this application is allowed and the entire criminal proceeding in connection with C.P. Case No.2619 of 2015 pending in the Court of learned Judicial Magistrate, Ist Class, Dhanbad is hereby quashed and set aside. Pending I.A. also stands disposed of. Cr.M.P.No.475 of 2017 9. This application has been preferred by the husband of the opposite party no.2 for quashing the entire criminal proceeding in connection with C.P. Case No.2619 of 2015. 10. In view of the recital in the settlement deed which has been mentioned in Cr.M.P. No.1232 of 2016, the matter has been compromised between the petitioner and the opposite party no.2 and the continuation of criminal proceeding against the petitioner who is the husband of the opposite party no.2 would be an act in futility. 11. Accordingly, in view of the compromise and the fact which has been discussed above, this application is allowed and the entire criminal proceeding in connection with C.P. Case No.2619 of 2015 pending in the Court of learned Judicial Magistrate, Ist Class, Dhanbad is quashed and set aside.