Jharkhand High Court
Rina Rani Giri @ Rachnawala Giri vs The State Of Jharkhand on 12 August, 2022
IN THE HIGH COURT OF JHARKHAND, RANCHI
----
Cr.M.P. No. 2227 of 2021
----
1.Rina Rani Giri @ Rachnawala Giri, aged about 23 years, d/o Akul
Chandra Giri, r/o Village-Rangamatia, Bara Botla P.O.Bara Botla
P.S.Dumaria, District East Singhbhum (Jharkhand)
2.Akul Giri, aged about 56 years, s/o Narendra Giri, r/o Village
Rangamatia, bara Botla, P.O.Bara Botla, PS Dumaria, District East
Singhbhum (Jharkhand)
3.Budi Bala Giri, aged about 48 years, w/o Akul Chandra Giri, r/o Village
Rangamatia, Bara Botla, P.O. Bara Botla, P.S. Dumaria, District East
Singhbhum (Jharkhand) ..... Petitioners
-- Versus --
1.The State of Jharkhand
2.Jowawala Giri @ Usha Rani Giri, w/o Mr. Banki Giri, r/o Belajuri, P.O.
Hirachuni, P.S. M.G.M., Mango, Town District Singhbhum East (Jharkhand)
at present Residing at Village Rangamatia, P.O. Bara Botla P.S Dumaria
District East Singhbhum (Jamshedpur) ...... Opposite Parties
----
CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
---
For the Petitioners :- Mr. Kripa Shankar Nanda, Advocate
For the State :- Mr. Shailendra Kumar Tiwari, Advocate
For the O.P.No.2 :- Mr. Dilip Kumar Karmakar, Advocate
----
7/12.08.2022 This petition has been filed for quashing of the order taking
cognizance dated 08.12.2006 passed by learned judicial Magistrate,
Jamshedpur and orders dated 28.04.2015, 13.1.2017 and 22.11.2017
and 5.4.2018 passed by the judicial Magistrate at Jamshedpur for
cancellation of bail, process under sections 82 and 83 Cr.P.C as well as
the entire criminal proceeding arising out of Complaint Case
No.1026/2006, pending in the court of learned Judicial Magistrate, 1st
Class, Jamshedpur.
Mr. Nanda, the learned counsel appearing on behalf of the
petitioners submits that the case has been lodged under section 498-A
and other sections of IPC and the matter is arising out of matrimonial
dispute. He submits that the petitioners are in-laws of the O.P.No.2. He
further submits that so far the husband of the O.P.No.2 is concerned, he
has faced the trial and he has been acquitted by the judgment dated
30.07.2019 on the basis of compromise. He further submits that now the
husband and wife are residing together.
Mr. Karmakar, the learned counsel appearing on behalf of
the O.P.No.2 submits that he has got instruction not to oppose this
petition as the compromise has been taken place between the O.P.No.2
and the husband of O.P.No.2 namely Jowawala Giri @ Usha Rani Giri.
In view of the above facts and submission of the learned
counsels appearing on behalf of the parties and also considering that the
petitioners are the in-laws of the O.P.No.2 and the O.P.No.2 is happily
residing with her husband and the husband of the O.P.No.2 has been
acquitted by the judgment dated 30.07.2019, there is no societal interest
involved in this petition and also considering the judgment rendered by
the Hon'ble Supreme Court in the case of Narinder Singh & Ors.
Versus State of Punjab & Anr., reported in (2014) 6 SCC 466 and
"Gian Singh Vs. State of Punjab & Anr." reported in (2012) 10 SCC
303, the entire criminal proceeding arising out of Complaint Case
No.1026/2006, pending in the court of learned Judicial Magistrate,
1st Class,Jamshedpur, so far as the petitioners are concerned, is quashed.
Cr.M.P.No.2227 of 2021 stands allowed and disposed of.
I.A. if any also stands disposed of.
( Sanjay Kumar Dwivedi, J.)
SI/
