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Ramesh Bhatta And Others vs State Of Jharkhand And Others

Jharkhand High Court · Decided on 27 April 2022 · Citation: (2022) 04 JH CK 0044

HON’BLE JUDGES
Sanjay Kumar Dwivedi, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 34, 498(A) · Dowry Prohibition Act, 1961 — Section 3, 4 · Hindu Marriage Act, 1955 — Section 13B
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Petition No. 1027 Of 2018
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Judgment

9 paragraphs · 352 words

Sanjay Kumar

Dwivedi, J

This petition has been heard through Video Conferencing in view of the guidelines of the High Court taking into account the situation arising due to COVID-19 pandemic. None of the parties have complained about any technical snag of audio-video and with their consent this matter has been heard.

This petition has been filed for quashing of the entire criminal proceeding in connection with Mahila P.S.Case No.5/2014, corresponding to G.R. Case No.6436 of 2014 including the order dated 18.4.2015 taking cognizance, pending in the court of learned Judicial Magistrate, Ranchi.

The Opposite Party no.2 has filed the FIR alleging therein that she has been tortured and for that the case was registered under section 498(A) of the IPC, along with section 34 IPC and under section 3/ 4 of the Dowry Prohibition Act against the petitioners.

Mr. Sah, the learned counsel for the petitioners submits that compromise has been taken place and the petitioners have obtained decree of divorce under section 13B of the Hindu Marriage Act by way of mutual divorce.

Mr. Badal Vishal, the learned counsel has appeared on behalf of the O.P.No.2 and he also submits that divorce has been taken place by mutually between the petitioner no.2 who is the husband and the O.P.No.2.

In view of the above facts and considering the submissions of the learned counsel appearing for the parties and that mutually divorce has been taken place and it has been decreed and that there is no societal interest involved in the matter and the matter is arising out of matrimonial dispute and also looking to the judgment of Hon’ble Supreme Court in 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, the entire criminal proceeding in connection with Mahila P.S.Case No.5/2014, corresponding to G.R. Case No.6436 of 2014 including the order dated 18.4.2015 taking cognizance, pending in the court of learned Judicial Magistrate, Ranchi is quashed.

Cr.M.P. No. 1027 of 2015 is allowed and disposed of.