Shashi Prakash Sinha vs State Of Jharkhand

Sanjay Kumar Dwivedi, J

Heard Mr. Pandey Ashok Nath Roy, learned counsel for the petitioner, Mr. Vishwanath Roy, learned counsel for the State and Mr. Vikash Kumar, learned counsel for opposite party no.2.

The prayer in the petition is made for quashing of the entire criminal proceeding including the order taking cognizance dated 18.11.2016 arising out of Adityapur P.S. Case No.189/2016, corresponding to G.R. Case No.896/2016, pending in the Court of the learned Chief Judicial Magistrate, Seraikella.

Learned counsel for the petitioner submits that the petitioner is the husband of opposite party no.2 and the matter is arising out of Section 498A of the Indian Penal Code. He submits that subsequently good sense has prevailed between the parties and now both the husband and wife are residing together and for that, I.A. No.5931 of 2024 has been filed on behalf of both the sides, which is meant for compromise. On these grounds, he submits that the entire criminal proceeding may kindly be quashed.

Learned counsel for the State submits that it appears that the matter is arising out matrimonial dispute and both the parties have compromised the matter.

Learned counsel for opposite party no.2 accepts the said submission of the learned counsel for the petitioner and submits that I.A. No.5931 of 2024 has been filed for compromise, which is affidavited on behalf of both the sides. He further submits that now husband and wife are residing together and opposite party no.2 does not want to proceed with the matter.

In view of the above submission of the learned counsel for the parties and considering that the matter is arising out of Section 498A of the Indian Penal Code and the petitioner and opposite party no.2, who are husband and wife respectively and both are now residing together and the said I.A. has been filed for compromise which is affidavited on behalf of both the sides and further considering that no societal interest is involved in the petition and no purpose will be served if the proceeding is allowed to be continued and, as such, the entire criminal proceeding including the order taking cognizance dated 18.11.2016 arising out of Adityapur P.S. Case No.189/2016, corresponding to G.R. Case No.896/2016, pending in the Court of the learned Chief Judicial Magistrate, Seraikella are, hereby, quashed.

Accordingly, this petition is allowed and disposed of.

Pending I.A., if any, is disposed of.

Interim order, if any granted by this Court, is vacated.