Shiv Kumar Prasad @ Shew Kumar ... vs State Of Jharkhand
2022 Latest Caselaw 2885 Jhar

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            IN THE HIGH COURT OF JHARKHAND, RANCHI
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Cr.M.P. No. 475 of 2021

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1.Shiv Kumar Prasad @ Shew Kumar Prasad, s/o Moti Lal Prasad, aged about 61 years

2.Uma Devi, w/o Shiv Kumar Prasad, aged about 53 years

3.Anil Prasad @ Anil Kumar Prasad, s/o Shiv Kumar Prasad, aged about 31 years All r/o 17, Srinath Poral, PS Bantara, PO Haora, Dist.Howrah, West Bengal, 711101 ..... Petitioners

-- Versus --

1.State of Jharkhand

2.Anita Nonia, w/o Sunil Prasad, d/o late Ram Chandra Nonia at present residing at Tunbi Tola, Near Munda Tea Stall, Kokar, PO GPO, PS Sadar, District Ranchi, Pin 834001 ...... Opposite Parties

With

Cr.M.P. No. 457 of 2021

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Jayanti Prasad @ Jyanti Prasad, d/o Shew Kumar Prasad aged about 28 years, r/o 17 Sri Nath Porel Lane, Khan Saheb Kothi, PO, PS and District Howrah, West Bengal-711101 ..... Petitioner

-- Versus --

1.State of Jharkhand

2.Anita Nonia, w/o Sunil Prasad, d/o Late Ram Chandra Nonia, at present residing at Tunbi Tola, Near Munda Tea Stall, Kokar, PO GPO, PS Sadar, District Ranchi Pin 834001 ...... Opposite Parties

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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Petitioners :- Mr. Bharat Kumar, Advocate For the State :- Mr. Prabir Kumar Chatterjee, Advocate For the O.P.No.2 :- Mr. Vikesh Pandey, Advocate

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7/27.07.2022 Both the cases are arising out of the same complaint.

In Cr.M.P.No.475 of 2021, the petitioners are the in-laws

and in Cr.M.P.No.457 of 2021, the petitioner is a married sister in law.

These petitions have been filed for quashing of the order

taking cognizance dated 02.02.2018 arising out of Protest Cum Complaint

Case No.3171 of 2017 pending in the court of learned Judicial Magistrate,

First Class, at Ranchi.

Mr. Bharat Kumar, the learned counsel appearing on behalf

of the petitioners submits that the dispute is between the husband and

wife and the entire family members have been implicated in the

complaint case and cognizance has been taken. He further submits that

by order dated 25.10.2021, this Court referred the matter to the Member

Secretary, Jharkhand State Legal Services Authority (JHALSA), at Ranchi

for mediation between the parties and pursuant thereto, the mediation

has been conducted and both the parties have settled the dispute and

the terms and conditions incorporated in the mediation, whereby it has

been decided that the husband and the in-laws have purchased the flat

and the husband and wife live separately in that flat and the flat in

question has also been purchased by in-laws.

Mr. Vikesh Pandey, the learned counsel appearing on behalf

of the O.P.No.2 submits that now the matter has been settled and

pursuant to the mediation and the terms and conditions of the mediation

has also been fulfilled and only Rs.47,000/- is required to be paid to the

O.P.No.2 at the time of withdrawal of the pending cases and the same

shall be paid after the withdrawal of the second case (Cr.M.P. No.457 of

2021) which is pending at Howrah in West Bengal.

In view of the above facts and the submissions of the

learned counsels appearing on behalf of the parties and considering

that these cases are arising out of matrimonial dispute and the

matter has been settled pursuant to mediation before the JHALSA,

Ranchi, there is no societal interest involved in these petitions and

the terms and conditions of the settlement has been fulfilled and in

view of these facts, section 482 Cr.P.C can be invoked in the light of

the judgment rendered 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.

Accordingly, the entire criminal proceeding including the

order taking cognizance dated 02.02.2018 arising out of Protest Cum

Complaint Case No.3171 of 2017 pending in the court of learned Judicial

Magistrate, First Class, at Ranchi is quashed.

Cr.M.P.No.475 of 2021 and Cr.M.P.No.457 of 2021 stand

allowed and disposed of.

I.A. if any also stands disposed of.

( Sanjay Kumar Dwivedi, J.)

SI/