Research › Search › Judgment

Jharkhand High Court · body

2022 DIGILAW 234 (JHR)

Abhishek Dip @ Abhishek v. State of Jharkhand

2022-02-28

SANJAY KUMAR DWIVEDI

body2022
JUDGMENT : 1. This petition has been filed for quashing the entire criminal proceeding arising out of P.C.R.Case No.525/2019 including the order dated 14.02.2020 passed by the learned S.D.J.M, Jamtara whereby cognizance under section 406/498A IPC read with section 3/4 of Dowry Prohibition Act has been taken against the petitioners. 2. Mr. Shailesh, the learned counsel appearing on behalf of the petitioners submits that the petitioner no.1 is the husband and petitioner nos.2 and 3 are father in law and mother in law respectively. 3. The complaint has been filed by the O.P.No.2 stating therein that she happens to be the wife of the petitioner no.1 and the marriage was solemnized on 08.02.2014. At the time of marriage as per demand sufficient gifts were given to the petitioners suitably described in the complaint. It has been further alleged that the marriage was fixed on a wrong information that the petitioner no.1 is employed in Railways. It has been further alleged that the O.P.No.2 was not kept honorably and was being tortured variously for non fulfilment of demand of Rs.3 lakhs. Finally it has been alleged that on 11.08.2019 the O.P.No.2 was kicked out from the matrimonial home and her entire ornaments snatched from her. 4. He further submits that now the dispute has been settled between both the parties and the husband and the O.P.No.2 are residing together. He submits that in view that a joint compromise petition has been filed. 5. Mr. Uttam Kumar Das, the learned counsel appearing for the O.P.No.2 submits that the compromise has been entered into between the parties and the petitioner no.1 and the O.P.No.2 are residing together. 6. The affidavit is on the record. The I.A.No.126 of 2022 is supported by the affidavit of O.P.No.2 and on behalf of the petitioners, the affidavit is also on the record which is part of the compromise. This case is arising out of matrimonial dispute. There is no societal interest involved in this petition. 7. A reference may be made to the case of Narinder Singh & Ors. Versus State of Punjab & Anr., reported in (2014) 6 SCC 466 and “Gian Singh Vs. State of Punjab & Anr.” reported in (2012) 10 SCC 303 . 8. This case is arising out of matrimonial dispute. There is no societal interest involved in this petition. 7. A reference may be made to the case of Narinder Singh & Ors. Versus State of Punjab & Anr., reported in (2014) 6 SCC 466 and “Gian Singh Vs. State of Punjab & Anr.” reported in (2012) 10 SCC 303 . 8. In view of the above facts and considering that settlement has been arrived at between the parties and there is no societal interest involved in this matter, the entire criminal proceeding arising out of P.C.R.Case No.525/2019 including the order dated 14.02.2020 passed by the learned S.D.J.M, Jamtara is quashed. 9. This petition is allowed and disposed of. 10. I.A.No.126 of 2022 accordingly, stands disposed of.