Jaswant Kumar Son Of Jai Narayan ... vs The State Of Jharkhand
2021 Latest Caselaw 1415 Jhar

           IN THE HIGH COURT OF JHARKHAND AT RANCHI
                              Cr.M.P. No.308 of 2013
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Jaswant Kumar son of Jai Narayan Sahu, resident of Sector VIII/A, St-07, Qr. No.1271, P.S. Harla, P.O. Sector IX, District Bokaro .... .... .... Petitioner Versus

1. The State of Jharkhand

2. Sudha Kumari D/o Moti Chand Prasad, resident of Sector VIII-A, St. 14, Qr. No.2438, P.S. Harla, P.O. Sector IX, District Bokaro .... .... .... Opposite Parties

CORAM : HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

For the Petitioner :

For the Opposite Party-State : Mr. Vijay Kumar Sinha, A.P.P. For the Opposite Party No.2 : Mr. Mukesh Kumar, Advocate

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03/19.03.2021 Heard Mr. Vijay Kumar Sinha, learned counsel for the opposite party no.1-State and Mr. Mukesh Kumar, learned counsel for the opposite party no.2.

This criminal miscellaneous 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.

Instant criminal miscellaneous petition has been filed for modification of order dated 30.08.2012 passed by this Court in Cr.M.P. No.1460 of 2008. It has been stated in the petition that parties have amicably settled the matter. In the petition, joint compromise petition has been annexed wherein it has been stated at paragraph 4 that petitioner would give a bank draft of Rupees Five Lacs to the opposite party no.2 and in reply the opposite party no.2 would withdrew all the case filed against the petitioner and also against her in-laws i.e. the family member of the petitioner which are pending in different Courts. Based on this fact, order has been passed. Thus, there is no apparent error in the order dated 30.08.2012 passed in Cr.M.P. No.1460 of 2008.

Learned counsel appearing for the opposite party no.2 submits that the petitioner refused to honour the compromise between the parties and to comply the order of this Hon'ble Court, the opposite party no.2 filed a divorce petition under Section 13(1)(i-a)(i-b) of Hindu Marriage Act being Title (Mat.) Suit No.80 of 2013 before learned Principal Judge, Family Court, Bokaro on 06.03.2013 in which notices were issued and finally received by the father of the petitioner but despite knowledge of the case, the petitioner did not appear in the case and finally on 05.06.2013, the learned lower Court has been pleased to order for proceeding ex-parte against the present petitioner. Learned counsel for the opposite party no.2 further submits that in said matrimonial suit now judgment has been delivered on 21.06.2013 whereby suit has been allowed ex parte. The said judgment has been transmitted through e mail to this Court.

Let this judgment be kept on record.

In view of above facts, no case of modification of order dated 30.08.2012 passed by this Court in Cr.M.P. No.1460 of 2006 is made out.

Accordingly, instant criminal miscellaneous petition is dismissed.

(Sanjay Kumar Dwivedi, J.)

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