Rupesh Kumar @ Rupesh Singh vs The State Of Jharkhand
2022 Latest Caselaw 2059 Jhar

Citation : 2022 Latest Caselaw 2059 Jhar
Judgement Date : 7 June, 2022

Jharkhand High Court

Rupesh Kumar @ Rupesh Singh vs The State Of Jharkhand on 7 June, 2022

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             IN THE HIGH COURT OF JHARKHAND, RANCHI
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Cr.M.P. No. 1281 of 2022

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1.Rupesh Kumar @ Rupesh Singh, aged about 33 years, son of Shiv Nath Singh, resident of Satyendra Nagar, P.O. Maner and P.S.Maner, District- Patna, Bihar

2.Shiv Nath Singh @ Shiva Nath Singh, aged about 63 years, son of late Raghu Nath Singh, resident of Satyendra Nagar, PO Maner and PS Maner, District Patna, Bihar

3.Rita Kumari Singh @ Rita Devi @ Rita Singh, aged about 63 years, wife of Shiv Nath Singh, resident of Satyendra Nagar, PO Maner and PS Maner, District Patna, Bihar

4.Soni Singh @ Sunita @ Suneeta Singh, aged about 33 years, wife of Dharmendra Kumar, resident of E-6, M.I.G.-3, F-2 Area Colony, Huzur, P.O. Bhopal and PS Bhopal, District Bhopal, Madhya Pradesh

5.Abhijeet Pratap @ Abhijeet Pratap Singh, aged about 40 years, son of Ranjit Bahadur Singh, resident of B/175 PC Colony, Near Raghunath High School, Kankarbag, Patna, PO Kankarbag and PS Kankarbag, District- Patna, Bihar

6.Sweta Singh @ Sweta, aged about 35 years, wife of Abhijeet Pratap, resident of B/175 PC Colony, Near Raghunath High School, Kankarbag, Patna, PO Kankarbag and PS Kankarbag, District Patna, Bihar ..... Petitioners

-- Versus --

1.The State of Jharkhand

2.Soni Kumari @ Pallavi, aged about 35 years, wife of Rupesh Kumar @ Rupesh Singh, resident of J.P.Nagar, Karbala Road, Giridih, PO Makatpur, PS Giridih, District Giridih, Jharkhand ...... Opposite Parties

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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Petitioners :- Mr. Ankit Vishal, Advocate For the State :- Mr. S.K.Tiwari,Advocate For the O.P.No.2 :- Mr. Raunak Sahay, Advocate

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2/07.06.2022 Mr. Sahay, the learned counsel has appeared suo muto by

way of filing Vakalatnama on behalf of the O.P.No.2 and submits that

compromise has been taken place between the parties.

Mr. Ankit Vishal, the learned counsel appearing for the

petitioners submits that in terms of settlement, this matter may be

quashed for the ends of justice.

This petition has been filed for quashing of the entire

criminal proceeding including the first information report in connection

with Mahila P.S.Case No.28/2021 registered for the offence under section

498A, 417, 504, 34 of the Indian Penal Code and section 3/ 4 of the

Dowry Prohibition Act, now pending in the court of learned Chief Judicial

Magistrate, at Giridih.

The case was lodged on the ground of torture and demand

of dowry by the O.P.No.2.

Both the learned counsels jointly submits that in terms of

compromise, O.P.No.2 has filed the divorce petition under section 13B of

the Hindu Marriage Age, 1955 which is registered as O.S.(M.T.S.)Case

No.91/2022 in the court of learned Principal Judge, Family Court, Giridih.

They submit that the terms and conditions of divorce has been disclosed

in the divorce petition itself. Sub paragraph (c), (d), (e) and (f) of

paragraph no.10 of the said petition which speaks as under, are quoted

as below:

"c) That the petitioner no.1 and petitioner no.2 have mutually agreed upon the payment of the said amount of Rs.8,51,000/- (Rupees Eight Lakh Fifty One Thousand only) which will be paid in three installments, out of which 1st installment of Rs.2,51,000/- (Rupees Two Lakh Fifty One Thousand only) shall be paid at the time of admission of instant mutual divorce petition filed u/s 13-B of Hindu Marriage Act, 1955 thereafter the 2nd installment of Rs.2,00,000/- (Two Lakh rupees) shall be paid by the petitioner no.2 when the petitioner no.1 will either withdraw her criminal case lodged vide Giridih Mahila Thana PS Case No.28/2021 or quash the said criminal case by the Hon''ble Jharkhand High Court, Ranchi and 3rd and final installment of Rs.4,00,000/- (Rupees Four Lakh only) shall be paid by the petitioner no.2 at the time of third and final motion of mutual divorce case filled u/s 13-B of Hindu Marriage Act, 1955."

d) That the petitioner no.1 undertakes that after admission of the instant mutual divorce case she will either withdraw her criminal case lodged vide Giridih Mahila Thana PS Case No.28/2021 or appear before the Hon'ble Jharkhand High Court, Ranchi when the quashing application has been filed by the accused person of Mahila Thana PS Case No.28/2021 before the Jharkhand High Court and cooperate for quashing of the said FIR and entire criminal proceeding prior to the second and final motion of mutual divorce case.

e) That the petitioner no.2 also undertakes that he will also withdraw the MTS Case No.686/2021 filed u/s 9 of the

Hindu Marriage Act, 1955 from the Court of Principal Judge, Family Court, Patna, Bihar prior to the second and final motion of mutual divorce case.

f) That the petitioner no.1 is also ready to not claim anything from petitioner no.2 after receipt of Rs.8,51,000/- (Rupees Eight Lakh Fifty One Thousand only) in future.

On perusal of Sub-para (d) of the paragraph no.10 of the

aforesaid petition, it appears that O.P.no.2 has undertaken that after

admission of the mutual divorce case she will either withdraw her

criminal case lodged vide Giridih Mahila Thana PS Case No.28/2021 or

appear before the Hon'ble Jharkhand High Court, Ranchi when the

quashing application has been filed by the accused person of Mahila

Thana PS Case No.28/2021 before the Jharkhand High Court and

cooperate for quashing of the said FIR.

In view of the above facts and considering the submissions

of the learned counsels appearing for the parties and as the compromise

has been taken place and the terms of the said compromise are fulfilled

and the final undertaking shall be carried out after quashing of this