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2017 DIGILAW 640 (JHR)

Rahul Anand v. State of Jharkhand

2017-04-06

RONGON MUKHOPADHYAY

body2017
1. Heard Mr. Akshay Kumar Mahato, learned counsel for the petitioner and Mr. Ashish Priyadarshi, learned appearing for the respondent No. 2. 2. This application is directed against the order dated 30.03.2015 passed by learned Sessions Judge, East Singhbhum, Jamshedpur in Cr. Rev. No. 06 of 2015, whereby and whereunder, the order dated 21.11.2014 passed by learned Judicial Magistrate, Jamshedpur in G.R. Case No. 628 of 2014 (Kadma P.S. Case No. 48 of 2014), dismissing the discharge application preferred by the petitioner, has been affirmed. 3. An F.I.R. was instituted in which it was alleged that the marriage of the respondent No. 2 was solemnized with the petitioner on 05.08.2008. After solemnization of marriage there was a demand of dowry and on account of non-fulfillment of the same torture was committed by the accused person upon the respondent No.2. It is also alleged that on 15.02.2014 the petitioner solemnized second marriage. Based on the aforesaid allegation, Kadma P.S. Case No. 48 of 2014 was registered u/s 341, 323, 498A, 504, 494 and 34 of the Indian Penal Code. 4. After the charge-sheet was submitted, cognizance of the offence punishable u/s 498A and 494 of the Indian Penal Code was taken by the learned Court below and an application for discharge was preferred by the petitioner which was rejected by the learned Judicial Magistrate, Jamshedpur on 21.11.2014 against which the petitioner preferred a revision which was also dismissed by learned Sessions Judge, East Singhbhum, Jamshedpur on 30.03.2015. 5. At the outset, learned counsel for the petitioner has submitted that the matter has been compromised between the parties for which a joint compromise petition has also been filed. It has also been submitted that an agreement dated 17.03.2017 has been entered into and pursuant to the said compromise a lump sum amount of Rs. 1,50,000/-has been agreed to be paid to the respondent No. 2 and in turn the respondent No. 2 shall take steps for withdrawal of the criminal case. 6. Learned counsel appearing for the respondent No. 2 has accepted the factum of compromise and has submitted that the amount of Rs. 1,50,000/-has already been received by the respondent No. 2 and therefore, she has now no grievance against the petitioner, if the entire criminal proceeding in connection with Kadma P.S. Case No. 48 of 2014 is quashed and set aside. 7. 1,50,000/-has already been received by the respondent No. 2 and therefore, she has now no grievance against the petitioner, if the entire criminal proceeding in connection with Kadma P.S. Case No. 48 of 2014 is quashed and set aside. 7. It appears that the matter has finally been settled between the parties pursuant to which an agreement dated 17.03.2017 has been entered into between them and a lump sum amount of Rs.1,50,000/-has been agreed to be paid to the respondent No. 2 by the petitioner and in turn the respondent No. 2 shall take steps for withdrawal of the criminal case. Apprehension has been shown by learned counsel for the petitioner that since Section 498A is a non-compoundable offence, no order can be passed by the learned court below, and hence it is prayed that appropriate order may be passed, quashing the impugned orders in view of the compromise having taken place. 8. Since a compromise has been arrived at between the petitioner and the respondent No. 2, which has been accepted by learned counsel for the respondent No. 2 and it has been submitted that a lump sum amount of Rs. 1,50,000/-, as agreed, has been received by the respondent No. 2 and since the respondent No. 2 does not intend to proceed further with the criminal proceeding, it would be an exercise in futility to continue with the criminal proceeding. 9. In view of the discussions above, this application is allowed and the entire criminal proceedings including the order dated 30.03.2015 passed by learned Sessions Judge, East Singhbhum, Jamshedpur in Cr. Rev. No. 06 of 2015, whereby and whereunder, the order dated 21.11.2014 passed by learned Judicial Magistrate, Jamshedpur in G.R. Case No. 628 of 2014 (Kadma P.S. Case No. 48 of 2014), dismissing the discharge application preferred by the petitioner, is hereby quashed and set aside