Badri Satyanarayana Prasad @ ... vs The State Of Jharkhand
2022 Latest Caselaw 2839 Jhar

                                        1

             IN THE HIGH COURT OF JHARKHAND, RANCHI
                                ----

Cr.M.P. No. 2684 of 2020

----

Badri Satyanarayana Prasad @ B.S.Prasad, s/o late Badri Kalidas, aged about 61 years, resident of House No.55A, Jai Guru Colony, Zone No.6B, Near JPS School PO and PS Baradi, District Jamshedpur (East Singhbhum) ..... Petitioner

-- Versus --

1.The State of Jharkhand

2.Badri Rupa, w/o B.S.Prasad, resident of Quarter No.75-C, M-4, Hospital Road Tinplate, PO and PS Golmuri, District-Jamshedpur (East Singhbhum) ...... Opposite Parties

----

CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

---

For the Petitioner :- Mrs. Chaitali C.Sinha, Advocate For the State :- Mr. Ankit Vishal, Advocate

----

9/22.07.2022 This petition has been filed for quashing of the order dated

18.09.2020 including the entire criminal proceeding arising out of Golmuri

P.S.Case No.284/15 (G.R.No.3461/15), pending in the court of learned

Judicial Magistrate, 1st Class, Jamshedpur.

At the outset, Mrs. Sinha, the learned counsel submits that

since now the good sense has prevailed between the parties and both

the parties decided to live separately and they have filed mutual divorce

petition before the Family Court at Jamshedpur. She submits that in the

supplementary affidavit the terms of settlement has been brought on

record as Annexure-4 series and both the parties have filed Original

Matrimonial Suit No.488 of 2022 in the court of Principal Judge, Family

Court, Jamshedpur for divorce with mutual consent on 28.06.2022. She

submits that in view of mutual consent the quarter has already been

vacated by the O.P.No.2.

Mr. Rishabh Kumar, the learned AC to Mr. Indrajit Sinha, the

learned counsel for O.P.No.2 fairly submits that he has got instruction

and both the parties have settled their dispute and for mutual divorce

petition has been filed in the family court Jamshedpur. He submits that

O.P.no.2 does not want to proceed with the case. He has instruction to

submit before the court to quash the entire criminal proceeding.

In view of the above facts and submission of the learned counsel

for the parties, considering that the matter is arising out of matrimonial

dispute and that they have settled their grievances by way of filing

mutual divorce in terms of the settlement arising and this matter is

arising out of the differences between the two individuals, there is no

societal interest involved and looking to the judgment 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 order dated 18.09.2020 including the entire

criminal proceeding arising out of Golmuri P.S.Case No.284/15

(G.R.No.3461/15), pending in the court of learned Judicial Magistrate,

1st Class, Jamshedpur is quashed.

This petition is allowed and disposed of.

Interim order stands vacated.

( Sanjay Kumar Dwivedi, J.)

SI/