Ajay Choudhary And Others vs State Of Jharkhand And Others

Sanjay Kumar Dwivedi, J

Learned counsel for the petitioners submits that the petitioner in Cr.M.P. No.65 of 2021 is the husband of opposite party no.2 and the petitioners in Cr.M.P. No.804 of 2022 are in-laws of opposite party no.2. He submits that both the petitions may be heard together.

Learned counsel for opposite party no.2 in Cr.M.P. No.65 of 2021 submits that he is not having any instruction in Cr.M.P. No.804 of 2022 and he has not filed Vakalatnama in that case.

Office note suggests that notice upon opposite party no.2 in Cr.M.P. No.804 of 2022 have been received by the mother of opposite party no.2.

Learned counsel for opposite party no.2 submits that the opposite party no.2 has already appeared in Cr.M.P. No.65 of 2021. He fairly submits that now the matrimonial dispute has been resolved and both the parties have taken mutual divorce and pursuant to the order passed by this Court dated 18.07.2022 in Cr.M.P. No.65 of 2021, opposite party no.2 has received the ornaments.

In light of these facts, both the petitions have been heard together.

These petitions have been filed for quashing the entire criminal prosecution including the FIR in connection with Hazaribagh Sadar P.S. Case No.436/2019, registered under Section 498A/341/323/120B/313 of the Indian Penal Code, pending in the court of the learned Chief Judicial Magistrate, Hazaribagh.

Learned counsel for the petitioners submits that the matter is arising out of matrimonial dispute and now both the parties have compromised the matter and both the parties have taken mutual divorce and decree of divorce has been passed by the Family Court, Hazaribagh. He further submits that as per the order passed by this Court dated 18.07.2022, the petitioner in Cr.M.P. 65 of 2021, namely, Ajay Choudhary has come from Dubai and the bank locker was opened and opposite party no.2 has received the ornaments.

Learned counsel for opposite party no.2 accepts the submissions of the learned counsel for the petitioners and submits that opposite party no.2 does not want to proceed further.

It transpires that divorce has been granted and the ornament which was the surviving dispute, that has already been received by opposite party no.2.

In view of the above submissions of the learned counsel for the parties and considering that the matter is arising out of matrimonial dispute and now both the parties have compromised the matter and mutual divorce has already been taken and there is no societal interest involved in the case and to allow to continue the proceeding will amount to abuse of process of law and also considering the judgments passed by the Hon'ble Supreme Court in Gian Singh v. State of Punjab & Anr.; [(2012) 10 SCC 303] and Narinder Singh & Ors. v. State of Punjab & Anr.; [(2014) 6 SCC 466], the entire criminal prosecution including the FIR in connection with Hazaribagh Sadar P.S. Case No.436/2019, pending in the court of the learned Chief Judicial Magistrate, Hazaribagh is, hereby, set aside.

Accordingly, these petitions stand allowed and disposed of.

Interim order, if any passed by this Court, stands vacated.