High CourtsSingle Bench

Malti Devi vs State Of Jharkhand

Jharkhand High Court · Decided on 16 December 2024 · Citation: (2024) 12 JH CK 0056

HON’BLE JUDGES
Sanjay Kumar Dwivedi, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 34, 323, 498A, 504, 506 · Dowry Prohibition Act, 1961 — Section 3, 4
RESULT
Disposed Of
CASE NUMBER
Writ Petition (Cr.) No. 864 Of 2023
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Judgment

10 paragraphs · 439 words

Sanjay Kumar Dwivedi, J

1.

Heard the learned counsel appearing on behalf of the petitioners, the learned counsel for the respondent State as well as the learned counsel appearing on behalf of the respondent no.2.

2.

This petition has been filed for quashing of the entire criminal proceeding including Patratu (Bharkunda) P.S. Case No.157 of 2023 registered for the alleged offence under sections 323, 504, 506, 498A, 34 of the Indian Penal Code as well as section 3 and 4 of the Dowry Prohibition Act, pending in the court of learned Chief Judicial Magistrate, Ramgarh.

3.

Learned counsel appearing on behalf of the petitioners submits that the petitioner no.1 is mother-in-law, petitioner no.2 is grand mother-in-law, petitioner no.3 is brother-in-law and the petitioner no.4 is also the brother-in-law of the informant. He submits that the entire family members have been made accused under section 498A as well as other sections of Indian Penal Code and he then submits that husband namely Sonu Kumar has moved before this Court in W.P.(Cr.) No.885 of 2023 which was referred to JHALSA, Ranchi for mediation between the parties and in that case, the mediation was successful and the dispute was resolved and both husband and wife are residing together and in view of that the case against Sonu Kumar who happened to be petitioner has been quashed by coordinate Bench of this Court by order dated 02.05.2024.

4.

Learned counsel for the respondent State submits that the matter is arising out of matrimonial dispute and if such fact is there, the Court can pass appropriate order.

5.

Learned counsel for the respondent no.2 accepts the submission of the learned counsel for the petitioners and she submits that Sonu Kumar and respondent no.2 are residing together and both are husband and wife respectively. She submits that the criminal writ petition filed by Sonu Kumar has been allowed on the basis of compromise by coordinate Bench of this Court by order dated 02.05.2024.

6.

In view of above submission of the learned counsels appearing on behalf of the parties, it transpires that husband and wife have settled the dispute and both are residing together that has come in the order of the coordinate Bench vide order dated 02.05.2024 passed in W.P.(Cr.) No.885 of 2023 and these petitioners are happened to be in-laws of the respondent no.2.

7.

In view of above, entire criminal proceeding in connection with Patratu (Bharkunda) P.S. Case No.157 of 2023, pending in the court of learned Chief Judicial Magistrate, Ramgarh are hereby quashed.

8.

This petition is allowed and disposed of.

9.

Pending petition if any also stands disposed of accordingly.