Nand Kishore Agarwal - Petitioner @HASH The State of Jharkhand - Opposite Party

Mr. Rongon Mukhopadhyay, J. - Heard Mr. A.K. Chaturvedi, learned counsel, appearing for the petitioners, learned APP for the State and Mr. B.K. Dubey and Mr. Asif Khan, learned counsel, appearing for opposite party No. 2.

Since both the applications arise out of Complainant Case No. 325 of 2014, wherein compromise has been arrived at between the petitioner in Cr.M.P. No. 1894 of 2015 and the opposite party No. 2, the same are being disposed of by this common order.

In these applications, the petitioners have prayed for quashing order dated 22.12.2014 passed by learned Judicial Magistrate, Chatra, whereby cognizance has been taken u/s 498A/323 I.P.C. and Section 3/4 of the Dowry Prohibition Act and the petitioners have been summoned to face trial.

A complaint case was instituted by the opposite party No. 2 in which it was stated that her marriage with Navin Kumar Agarwal was solemnized on 23.11.1999. It has further been stated that after her marriage she was variously tortured on account of non-fulfilment of demand of dowry. Based on the aforesaid allegation Complaint Case No. 325 of 2014 was instituted and on conducting an enquiry u/s 202 Cr.P.C. by examining the complainant on S.A. as well as her witnesses, cognizance was taken u/s 498A/323 I.P.C. and Section 3/4 of the Dowry Prohibition Act vide order dated 22.12.2014.

A matrimonial title suit was also filed by the petitioner in Cr.M.P. No. 1894 of 2015 for restitution of conjugal rights and in the matrimonial suit a compromise was arrived at, pursuant to which both the parties have agreed to get their marriage dissolved on certain other terms and conditions, as has been agreed upon.

It appears that in the compromise which has been arrived at, an amount of Rs. 8,50,000/- was to be paid to the opposite party No. 2 in three instalments, out of which Rs. 3,00,000/- has already been paid, whereas an amount of Rs. 2,50,000/- has to be paid by the husband of the opposite party No. 2 after quashing of the entire criminal proceeding and the rest amount of Rs. 3,00,000/- shall be paid at the time of recording of statement of both the parties before the learned Principal Judge, Chatra in the proceeding u/s 13(b) of the Hindu Marriage Act.

Mr. A.K. Chaturvedi, learned counsel, appearing for the petitioners submits that since the parties have agreed and the first instalment has already been paid by the husband of the opposite party No. 2, the entire criminal proceeding deserves to be quashed and set aside. It has been submitted that since the matter has been settled, the petitioners should not be proceeded further in the criminal case.

Mr. B.K. Dubey and Mr. Asif Khan (in Cr.M.P. No. 1894 of 2015) have accepted the factum of compromise and has submitted that they do not have any objection if the entire criminal proceeding instituted agaisn tthe petitioners be quashed. It has also been submitted that the amount of Rs. 3,00,000/- which is by way of first instalment has already been received by the opposite party No. 2.

Petitioners in Cr. M.P. No. 1211 of 2015 are the parents-in-law as well as the brother-in-law of the complainant, whereas petitioner in Cr.M.P. No. 1894 of 2015 is the husband of the complainant.

It appears that the petitioners have entered into a compromise and also decided to obtain a decree of divorce by mutual consent. First instalment of Rs. 3,00,000/- out of Rs. 8,50,000/- has already been paid to the opposite party No. 2. Since the dispute is purely private in nature and the matter having been compromised between the parties, there cannot be any justification for continuing the criminal prosecution against the petitioners.

In view of the facts and circumstances, enumerated above, the entire criminal proceeding as well as the order dated 22.12.2014 passed by learned Judicial Magistrate, Chatra, whereby cognizance has been taken u/s 498A/323 I.P.C. and Section 3/4 of the Dowry Prohibition Act and the petitioners have been summoned to face trial is hereby quashed and set aside.

Mr. A.K. Chaturvedi, learned counsel for the petitioners at this juncture submits that he has in his possession a Bank Draft for Rs. 2,50,000/- drawn in favour of the opposite party No. 2. But since the opposite party No. 2 is not present, both the learned counsel appearing on her behalf have submitted that the said amount may be deposited by the petitioner in Cr.M.P. No. 1894 of 2015 before the learned Principal Judge, Family Court, Chatra.

In view of above, the petitioner in Cr.M.P. No. 1894 of 2014 is directed to make payment of the second instalment of Rs. 2,50,000/- to the opposite party No. 2 within a period of two weeks.

This application is allowed and the pending I.As., if any also stands disposed of.