Jharkhand High Court
Chandan @ Vikash Raj Vaishnaw Aged ... vs The State Of Jharkhand on 5 April, 2022
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IN THE HIGH COURT OF JHARKHAND, RANCHI
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Cr.M.P. No. 4318 of 2018
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Chandan @ Vikash Raj Vaishnaw aged 32 years, son of Vinod Das
Vaishnaw, r/o of Village Budiya, PO +PS-Tamnar and District Raigarh,
Chattisgarh ..... Petitioner
-- Versus --
1.The State of Jharkhand
2.Usha Vaishnaw, daughter of late Shivram Das, r/o Village Bada Barpani,
PO +PS + District Simdega ...... Opposite Parties
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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
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For the Petitioner :- Mr. G.K. Sinha, Advocate
For the O.P.No.2 :- Mr. Prince Kumar, Advocate
For the State :- A.P.P
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7/05.04.2022 Mr. Prince Kumar, the learned counsel for the O.P.No.2
submits that NOC in June-July, 2020 has been taken by the O.P.No.2,
however, he further submits that he has been informed by the brother of
the O.P.No.2 that a sum of Rs.6,18,000/- has been received by the
O.P.No.2 in the light of the order dated 04.04.2019 passed in A.B.A.
No.4318 of 2018.
It was well within the knowledge of the O.P.No.2 that the
NOC has been taken and she was required to make arrangement for
engaging the counsel to argue the matter on behalf of the O.P.No.2. No
fresh Vakalatnama has been filed and the O.P.No.2 has also not appeared
in person. Thus, it appears that she has lost interest in the matter.
This petition has been filed for quashing the entire criminal
prosecution arising out of Simdega P.S.Case No.144 of 2017
corresponding to G.R.Case No.580 of 2017 including the order dated
04.07.2017 whereby complaint case No.504/2017 filed by O.P.No.2 was
sent to concerned police station u/s 156(3) Cr.P.C. for institution of FIR,
pending in the court of C.J.M, Simdega.
The complaint case was filed by the O.P.No.2 alleging
therein that marriage of complainant was solemnized with
Chandan @ Vikash Raj Vaishnaw on 11.07.2013 at Simdega
Nagar Bhawan and after one month of marriage, accused
persons started torturing and assaulting her for dowry demand
of Rs.5 lakhs cash and four wheeler vehicle and on her protest
accused persons used to assault her and also stopped her
providing foods and on 18.09.2016 accused persons brought
her at Simdega where she was left at her parent's home and
said that she will be taken back, only if their dowry demand is
fulfilled and thereafter she several times telephoned her
husband but he rejected the calls and on 04.06.2017 she went
to her matrimonial home with her brother and Bihari Prasad
but accused persons refused to keep her and until now her
husband has not come to take her back.
Mr. G.K.Sinha, the learned counsel appearing for the
petitioner submits that in view of the order passed in A.B.A. a sum of
Rs.6,18,000/- has been received by the O.P.No.2 which has been
confirmed by the brother of the O.P.No.2 as submitted by Mr. Prince
Kumar, the learned counsel for the O.P.No.2 on instruction. He further
submits that the petitioner has filed a divorce suit being No.F-94A of
2017 before the learned Family Court. He submits that by the judgment
/decree dated 06.04.2018 the divorce has been granted in favour of the
petitioner and the said divorce decree and the judgment are annexed as
Annexure 2 to the petition.
In view of the above facts and considering the statement of
Mr. Prince, the learned counsel for the O.P.No.2 and that in the divorce
suit the O.P.No.2 has appeared and later on she stopped appearing and
that is why the said divorce suit proceeded ex-parte and in the present
case also the O.P.No.2 has not taken any interest after taking the NOC
from Mr. Prince, the learned counsel as it appears that she has lost
interest in this matter and considering the entire facts particularly that
the O.P.No.2 has received a sum of Rs.6,18,000/- in the light of the order
passed in the said A.B.A. and also looking in the judgment/decree dated
06.4.2018 which is in favour of the petitioner, to continue with this
criminal proceeding will amount to abuse of process of law, accordingly,
the entire criminal prosecution arising out of Simdega P.S.Case No.144 of
2017 corresponding to G.R.Case No.580 of 2017 including the order
dated 04.07.2017, pending in the court of C.J.M, Simdega so far the
petitioner is concerned, is, hereby, quashed.
Cr.M.P. No.4318 of 2018 is allowed and disposed of.
( Sanjay Kumar Dwivedi, J)
SI/
