Dinesh Kumar Pandey @ D.K. Pandey vs State Of Jhakrhand
2021 Latest Caselaw 661 Jhar

      IN THE HIGH COURT OF JHARKHAND AT RANCHI
                             Cr.M.P No. 38 of 2021
                                   In
                             I.A. No.789 of 2021
       1. Dinesh Kumar Pandey @ D.K. Pandey
       2. Dr. Poonam Pandey
       3. Shubhankan Pandey                           .... .... Petitioner(s).
                                   Versus
       1. State of Jhakrhand
       2. Rekha Mishra                                 .... .... Opposite Party(s)
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CORAM : HON'BLE MR. JUSTICE ANANDA SEN.

THROUGH : VIDEO CONFERENCING

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FOR THE PETITIONER(S) : Mr. Nishant Roy, Advocate Mr. Rohan Mazumdar, Advocate FOR THE STATE : AC to SC-IV FOR THE O.P No.2 : Mr. Mahesh Tewari, Advocate

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03/11.02.2021 Pursuant to the order dated 9.2.2021 parties, i.e informant Rekha Mishra d/o Sri Ganesh Mishra and Subhankar Pandey s/o Shri D.K. Pandey are present before this Court physically.

Subhankar Pandey i.e petitioner no.3 is married to Rekha Mishra i.e informant. Due to some dispute and differences this matrimonial case arose which was registered as Ranchi Mahila P.S. Case No. 18 of 2020 registered under Section 498A/406/34 IPC and Section ¾ of Dowry Prohibition Act against the husband and the in-laws.

Investigation is yet to be concluded. As good sense prevailed, the parties agreed for mediation. The mediation proceeding had taken place before mediator DLSA, Ranchi. Mediation was successful, and the mediation report was sent by the Mediator, Civil Court, Ranchi. All the conditions have been fulfilled by the parties as submitted by them.

In this background, counsel for the petitioners prays that FIR be quashed as continuance of the same will be a wastage of valuable time of the Court. Further joint compromise petition has also been filed which is on record by way of filing interlocutory application being I.A. No.789 of 2021. Parties who appeared personally, have also reiterated the said fact before this Court.

Considering the aforesaid fact and the judgment passed by this Hon'ble Apex Court in the case of B.S Joshi & Ors. Vrs. State of Haryana & Anr. reported in (2003) 4 SCC 675, I am inclined to allow this application as continuation of the criminal proceeding will be an abuse of process of law.

Accordingly, Ranchi Mahila P.S. Case No. 18 of 2020 registered under Section 498A/406/34 IPC and Section ¾ of Dowry Prohibition Act is quashed and set aside and the entire criminal proceedings including the investigation is also quashed.

This application stands allowed.

Physical appearance of both the parties is exempted.

I.A. No.789 of 2021 In view of the order passed in the main application, the interlocutory application stands allowed.

(ANANDA SEN , J) anjali/ C.P 3