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Judgment
Heard learned counsel for the petitioners,
learned counsel representing the Opposite Party No. 2 and
also learned Additional Public Prosecutor on behalf of the
State.
Pursuant to the order dated 24.08.2017 passed by
this Court, learned counsel for the petitioners has served copy
of supplementary affidavit upon learned counsel representing
the Opposite Party No. 2.
Sri Amarjit Choudhary, learned Advocate, on
instruction from Sri Binod Bihari Singh, learned Advocate on
Record on behalf of the Opposite Party No. 2 accepts the
factual position as stated in supplementary affidavit filed on
behalf of the petitioners.
The petitioners moved this court for setting aside
the order dated 14.05.2014 passed in Complaint Case No.
4420(C) of 2013 by learned Judicial Magistrate, 1st Class, Patna,
by which he took cognizance of the offences under Sections
341, 323, 498(A) / 34 of the Indian Penal Code and issued
summons to the accused including the present petitioners.
It appears that petitioner no. 1 is mother-in-law and
petitioner nos. 2, 3 and 4 are said to be the married sister-in-
law of the complainant/Opposite Party No. 2. After notice to
complainant/Opposite Party No. 2, she appeared and agreed
for mediation to resolve the ongoing dispute between the
parties. The order for mediation was, in fact, passed by this
Court in the Anticipatory Bail Application of the husband of the
complainant vide Cr. Misc. No. 24532/2015, i.e., during the
pendency of the present application. A copy of the memo of
agreement signed by the husband of Opposite Party No. 2 as
well as the Opposite Party No. 2 in presence of their respective
learned advocates in mediation proceeding no. 702/2015 has
been brought on record with the supplementary affidavit
dated 22.02.2016 filed on behalf of the petitioners.
The terms and conditions agreed upon by the
parties are reproduced hereunder for a ready reference : -
Both the parties i.e. husband namely Suraj Kumar and wife namely Rekha Raj have agreed to settle their dispute as one time settlement. 2. That the petitioner has agreed to pay a sum of Rs. 7,00,000/- (Rupees Seven Lakh only) by Account payee draft No. 866332 dated 27.01.2016 Union Bank with ornaments towards one time settlement amount as full and final settlement of all her claims for maintenance. Which has already been paid by the First party and received by the Second Party namely Rekha Raj. 3. Both the parties undertakes that they will withdraw all cases filed against each other pending in any court. 4. That the parties have no grievance against each other they undertake not to make any claim with regard to their marital status in future and they are
free to live separately from each other. 5. That the Second Party have agreed that she will no claim any things property of the First party and his family members. 6. That the aforesaid contents of the agreement have been read over and explained in Hindi, which have fully been understood and accepted by the parties."
Learned counsel for the Opposite Party No. 2
admits that the agreement has been acted upon and the
Opposite Party No. 2 has already received a sum of Rs.
7,00,000/- (Rupees Seven Lakh only) and now she is not at all
interested in prosecuting the complaint case.
This being the position, considering the fact that
the present case arises out of matrimonial discord between
the husband of Opposite Party No. 2 and Opposite Party No. 2
which has now been settled and both the parties have already
entered into the agreement as stated above and have acted
upon the same, these petitioners are mother-in-law and
married sisters-in-law of Opposite Party No. 2 and were
impleaded because of the said matrimonial dispute, further
continuance of the complaint case would not be in the interest
of justice.
Thus, in view of the materials available on the record and the submission noted hereinabove, the order
taking cognizance impugned in the present application is
hereby quashed, and this application is allowed.