Praveen Vishwakarma @ Praveen ... vs The State Of Jharkhand
2022 Latest Caselaw 5070 Jhar

                   IN THE HIGH COURT OF JHARKHAND AT RANCHI
                             Cr.M.P. No. 2835 of 2019
             1.   Praveen Vishwakarma @ Praveen Kumar Vishwakarma, son of Late
                  Mohan Lal Vishwakarma, aged about 28 years
             2.   Meena Devi, wife of Late Mohan Lal Vishwakarma, aged about 56
                  years
             3.   Sujit Vishwakarma @ Sujit Kumar Vishwakarma, aged about 34 years
             4.   Sangeeta Devi @ Kumari Sangeeta, wife of Sanjay Kumar
                  Vishwakarma, aged about 21 years
                  All are resident of Village- Gappai, P.O. Baddiha, P.S. Giridih
                  (Muffessil), Distt. Giridih, Jharkhand        ... Petitioners

                                           -Versus-
             1.   The State of Jharkhand
             2.   Meenu Devi, wife of Praveen Vishwakarma, aged about 23 years,
                  resident of Village- Gappai, P.O. Baddiha, P.S. Giridih (Muffessil), Distt.-
                  Giridih, presently residing at Village- Akdoni, Kala, P.O. & P.S. Giridih
                  (Muffessil), Distt.- Giridih, Jharkhand            ... Opposite Parties

                                              -----

             CORAM:       HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
                                              -----

             For the Petitioners              : Mr. Farooque Ansari, Advocate
             For the Opposite Party-State     : Mr. Fahad Allam, A.P.P.
             For Opposite Party No.2          : Mr. Anuj Kumar Trivedi, Advocate
                                              -----

07/14.12.2022. Heard Mr. Farooque Ansari, learned counsel for the petitioners,

Mr. Fahad Allam, learned counsel for the State and Mr. Anuj Kumar Trivedi,

learned counsel for opposite party no.2.

2. This petition has been filed for quashing the entire criminal

proceeding including Giridih (Muffessil) P.S. Case No.162/2019, arising out

of Complaint Case No.902/2019, pending in the court of the learned Sub

Divisional Judicial Magistrate, Giridih.

3. Learned counsel for the petitioners submits that the matter is arising

out of matrimonial dispute and compromise has been reached between the

parties before the Family Court and one time alimony of Rs.3 Lakhs has

been fixed and pursuant to that the matter has been settled in the Lok

Adalat. He submits that in that view of the matter, the criminal proceeding is

abuse of process of law.

4. Learned counsel for opposite party no.2 also accepts the submission

of the learned counsel for the petitioners and submits that compromise is

there. He submits that the counter affidavit has been filed, wherein, the

order of the Family Court has been annexed, whereby, the Original

Maintenance Case No.411/2019 has been disposed of on the basis of

compromise. The compromise petition filed before the Family Court has also

been annexed with the counter affidavit, which suggests that there was no

amicable understanding between the husband and wife after the marriage

and the dispute has been settled with the help of family members and well

wishers and sum of Rs.3 Lakhs has been fixed as final alimony. Learned

counsel for opposite party no.2 submits that the said amount has been

deposited with the well wishers of the informant, as per the settlement and

the same will be handed over to the informant by the well wishers after

disposal of the case.

5. In view of the above facts and considering the submissions of the

learned counsel for the parties and also considering that the matter has

been compromised between the parties and final alimony has been paid to

the well wisher, which will be later handed over to the informant and there

is no societal interest involved in the 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 proceeding including Giridih (Muffessil) P.S. Case No.162/2019,

arising out of Complaint Case No.902/2019, pending in the court of the

learned Sub Divisional Judicial Magistrate, Giridih is, hereby, quashed.

6. Accordingly, this petition stands allowed and disposed of.

7. Interim order dated 29.01.2020 stands vacated.

(Sanjay Kumar Dwivedi, J.) Ajay/