Jharkhand High Court
Dr. Pankaj Kumar @ Pankaj Kumar ... vs The State Of Jharkhand on 8 December, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.M.P. No. 1731 of 2022
1. Dr. Pankaj Kumar @ Pankaj Kumar Singh, aged about 41 years, son of
Shri Janardan Singh @ Janardan Prasad Singh
2. Janardan Singh @ Janardan Prasad Singh, aged about 74 years, son
of Ram Prakash Singh
3. Gayatri Devi, 71 years, W/o Janardan Singh @ Janardan Prasad Singh
All residents of Village-Chhachhubigha, P.O. Kalauna, P.S. Katri Sarai,
District- Nalanda (Bihar) ... Petitioners
-Versus-
1. The State of Jharkhand
2. Prerna, aged about 36 years, wife of Dr. Pankaj Kumar @ Pankaj
Kumar Singh and daughter of Shri Upendra Prasad Singh, resident of
Old SBI Campus, Dipatoli, P.O. Dipatoli, P.S. Sadar, District- Ranchi
(Jharkhand) ... Opposite Parties
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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
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For the Petitioners : Mr. Awinash Kumar, Advocate
For the Opposite Party-State : Mrs. Priya Shrestha, S.P.P.
For Opposite Party No.2 : Mr. Abhishek Singh, Advocate
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07/08.12.2022. This petition has been filed for quashing the entire criminal
proceedings including order taking cognizance dated 25.06.2012 in
connection with Ranchi Mahila P.S. Case No.10/2011, corresponding to G.R.
No.2401/2011, pending in the court of the learned Judicial Magistrate, XXI,
Ranchi.
2. Learned counsel for the petitioners submits that the matter is arising
out of matrimonial dispute and the case has been filed under Section 498(A)
and other Sections of the Indian Penal Code and Section 3/4 of Dowry
Prohibition Act. He further submits that the first appeal arising out of the
matrimonial dispute was the subject matter before the Division Bench of
this Court and in that case, the matter was sent for mediation between the
parties, contained at Annexure-3 series of the petition. He submits that in
view of the mediation, now the matter has been settled, which has been
agreed by both the sides on the condition that they will withdraw case filed
against them.
3. Learned counsel for opposite party no.2 accepts the submissions of
the learned counsel for the petitioners and submits that joint compromise
petition has also been filed before the Hon'ble Patna High Court and both
the sides will settle that matter also and they will abide by the terms and
conditions of the mediation.
4. In view of the above facts and considering that the matter has been
compromised between the parties pursuant to the order of the Division
Bench of this Court passed in the first appeal and it has been agreed that
after withdrawal of the case, mutual divorce case will be filed by the parties
and considering that there is no societal interest involved in this petition and
also considering the judgments passed by the Hon'ble Supreme Court in
Gian Singh v. State of Punjab & another; [(2012) 10 SCC 303] and
in Narinder Singh & others v. State of Punjab & another; [(2014) 6
SCC 466, the entire criminal proceedings including order taking cognizance
dated 25.06.2012 in connection with Ranchi Mahila P.S. Case No.10/2011,
corresponding to G.R. No.2401/2011, pending in the court of the learned
Judicial Magistrate, XXI, Ranchi is, hereby, quashed.
5. Accordingly, this petition stands allowed and disposed of.
6. Consequently, I.A. No.5660 of 2022 stands disposed of.
7. Interim order dated 18.07.2022 stands vacated.
(Sanjay Kumar Dwivedi, J.)
Ajay/
