Rohit Singh And Ors vs State Of Jharkhand And Ors

The lawyers have no objection with regard to the proceeding, which has been held through video conference today at 11.00 A.M. They have no

complaint in respect to the audio and video clarity and quality.

By filing this application, petitioners have prayed to quash the entire criminal proceeding arising out Jagannathpur P.S. Case No. 181 of 2016,

corresponding to G.R. No. 3046 of 2016 registered under Sections 498(A)/34 IPC and Section ¾ of the Dowry Prohibition Act.

Counsel for the petitioners submits that dispute is matrimonial in nature and both the parties have already resolved their dispute. He submits that

matter was referred to Mediation Centre, JHALSA, Ranchi wherein parties have decided to settle their dispute. He submits that as per terms of

settlement, the entire agreed amount has been paid to the wife. Further he submits that divorce has already been granted by appropriate court

pursuant to the said settlement. He submits that only criminal case is pending and in view of the settlement arrived between the parties this case needs

to be quashed. He refers to the judgment of Hon'ble Supreme Court in the case of B.S. Joshi & Ors. Vrs. State of Haryana & Anr. reported in

(2003) 4 SCC 675.

Counsel appearing on behalf of opposite party no.2- wife admits that parties have resolved their disputes and he has got no objection if the entire

proceeding is quashed.

Heard the Counsel for the parties.

This case is registered under Section 498(A)/34 IPC and Section ¾ of the Dowry Prohibition Act. The dispute arose out of matrimonial

relationship. On request, this case was referred to mediation centre JHALSA, Ranchi. The mediator has submitted a report which is dated 01.07.2017

wherein it has been mentioned that parties have arrived at settlement and the mediation is successful. As per submission of both the parties, divorce

has already been granted and amount of compensation/ one time alimony has already been paid. Further I find from the argument of the counsel for

the opposite party no.2 that opposite party no.2 has got no objection if the entire criminal proceeding is quashed.

Considering the judgment passed by the Hon'ble Supreme Court in the case of B.S. Joshi & Ors. (Supra), I am inclined to exercise jurisdiction

under Section 482 Cr.P.C and quash the criminal proceeding arising out of Jagannathpur P.S. Case No. 181 of 2016, corresponding to G.R. No. 3046

of 2016.

Accordingly, the instant application stands allowed.