Heera Lal Jaiswal @ Heera Lal Prasad v. State of Jharkhand
2017-03-23
RONGON MUKHOPADHYAY
body2017
DigiLaw.ai
ORDER : Heard Mr. Sahdeo Choudhary, learned counsel appearing for the petitioners and Mr. Awnish Shankar, learned counsel appearing for the opposite party No. 2. 2. In this application, the petitioners have prayed for quashing the entire criminal proceedings including the order dated 02.03.2012 passed by learned Sub-Divisional Judicial Magistrate, Hazaribagh in connection with Complaint Case No. 1527/2011 [T.R. No.800 of 2012), whereby and whereunder, cognizance for the offences punishable under Section 498-A of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act has been taken. 3. A complaint case was instituted by the complainant/opposite party No. 2 in which it was alleged that she was married in the year 2010 with accused No. 5 Sanjay Jaiswal. It is alleged that subsequently she came to know that her husband, had an illicit relationship with another lady and when it was disclosed discussions were made with the accused persons. Subsequently, she was tortured and there was a demand of 2 lakhs for construction of toilet, as the said facility was not available. Based on the aforesaid allegation, complaint case was instituted. 4. After examination of the complainant on S.A. as well his witnesses under Section 202, Cr PC, cognizance was taken by Sub-Divisional Judicial Magistrate, Hazaribagh for the offences punishable under Section 498-A of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act. 5. It has been submitted by learned counsel for the petitioners that an application for maintenance under Section 125, Cr PC was also preferred by the opposite party No. 2 being Maintenance Case No. 175 of 2012 which was subsequently disposed of in view of the compromise entered into between the husband of the opposite party No. 2 and the opposite party No. 2. It has further been submitted that the petitioner Nos. 1 and 2 are parents-in-law and petitioner No. 3 is brother-in-law of the opposite party No. 2 and the petitioner No. 4 is the wife of petitioner No. 3. Learned counsel further adds that Rs. 1 lakh has already been received by the opposite party No. 2. It has also been submitted that a joint application preferred under Section 13(b) of the Hindu Marriage Act by the husband of the opposite party No. 2 and the opposite party No. 2 is still pending before the Court of learned Principal Judge, Family Court, Hazaribagh (now Ramgarh). 6. Mr.
It has also been submitted that a joint application preferred under Section 13(b) of the Hindu Marriage Act by the husband of the opposite party No. 2 and the opposite party No. 2 is still pending before the Court of learned Principal Judge, Family Court, Hazaribagh (now Ramgarh). 6. Mr. Awnish Shankar, learned counsel, appearing for the opposite party No. 2 has accepted the factum of compromise and has submitted that the amount of Rs. 1 lakh has already been received by the opposite party No. 2 and therefore she does not intend to proceed further with the criminal proceeding. 7. In support of their respective submissions, learned counsel for the petitioners has referred to I.A. No. 2671 of 2015, which is by way of joint compromise petition as well as the supplementary affidavit filed by the petitioners annexing a copy of the order passed in maintenance case, showing payment of Rs. 1 lakh to the opposite party No.2. 8. From the argument advanced by the learned counsel for the parties, it appears that the matter has been settled between the parties pursuant to which an amount of Rs. 1 lakhs has been received by the opposite party No. 2. The joint compromise petition also reveals that the opposite party No. 2 does not have any grievances against the petitioners. In such view of the matter, it would be an exercise in futility to continue with the criminal proceeding. Accordingly, this, application is allowed and the entire criminal proceedings including the order dated 02.03.2012 passed by learned Sub-Divisional Judicial Magistrate, Hazaribagh in connection with Complaint Case No. 1527/2011 (T.R. No. 800 of 2012), whereby and whereunder, cognizance for the offences punishable under Section 498-A of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act has been taken, is here, by quashed and set aside. Pending I.A. also stands disposed of.