Jivitesh Kumar vs The State Of Jharkhand
2022 Latest Caselaw 3181 Jhar

                 IN THE HIGH COURT OF JHARKHAND, RANCHI
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Cr.M.P. No. 493 of 2021

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1.Jivitesh Kumar, aged about 33 years, son of Late Sudhanshu Prasad

2.Sukriti Prasad, aged about 61 years, wife of late Sudhanshu Prasad Both are residents of plot No.27/A, Old A.G.Colony, Kadru, P.O.Argora, P.S.Doranda, District Ranchi, Jharkhand ..... Petitioner

-- Versus --

1.The State of Jharkhand

2.Amrita Roy, daughter of Swapan Kumar Roy, resident of Gopalpur, P.O. and P.S. Ghatshila, District East Singhbhum, Jharkhand...Opposite Parties

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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Petitioners :- Mr. Nikhilesh Kumar Chatterjee, Advocate For the State :- Mr. Ravi Prakash, Spl.P.P.

For the O.P.No.2 :- Mr. S.K. Soni, Advocate

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4/16.08.2022 This petition has been filed for quashing the entire criminal proceeding in Complaint Case No.220 of 2018 including the order taking cognizance dated 19.01.2019 passed by learned Additional Chief Judicial Magistrate, Ghatshila, pending in that learned court.

The learned counsel for the petitioners submits that the matter is arising out of matrimonial dispute between the petitioner no.1 who is the husband and the O.P.No.2 and the petitioner no.2 is the mother in law of the O.P.no.2. He further submits that now both the parties have settled their dispute and by mutual consent divorce is taken place under section 13(B) of the Hindu Marriage Act and he submits that for that a compromise petition being I.A. No.1994 of 2021 has been filed.

Mr. Soni, the learned counsel appearing on behalf of the O.P.No.2 also accepts the submission of the learned counsel for the petitioners and he submits that mutual divorce has been taken place and permanent alimony has been received by the O.P.no.2 in terms of decree.

In view of the above facts and considering that both the parties have compromised the case and the case is arising out of matrimonial dispute and the permanent alimony has been received by the O.P.no.2 and the affidavit to that effect has been filed in terms of the said I.A. and there is no societal interest involved and considering the judgment of 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 in Complaint Case No.220 of 2018 including the order taking cognizance dated 19.01.2019 passed by learned Additional Chief Judicial Magistrate, Ghatshila, pending in that learned court is quashed.

This petition stands allowed and disposed of.

( Sanjay Kumar Dwivedi, J.)

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