Jharkhand High Court
Awadhesh Goel @ Awdhesh Goel vs The State Of Jharkhand on 23 June, 2022
IN THE HIGH COURT OF JHARKHAND, RANCHI
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Cr.M.P. No. 3797 of 2018
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Awadhesh Goel @ Awdhesh Goel, aged about 38 years, s/o late Om Dutt
Gupta, r/o C-6/3, Keshavpuram, PO +PS Keshavpuram, Dist. New Delhi
..... Petitioner
-- Versus --
1.The State of Jharkhand
2.Dr. Ekta Agarwal, d/o Shri Shambhu Nath Agarwal, presently residing at
10/291, Kashidih, PO+PS- Sakshi, Town Jamshedpur, Dist East
Singhbhum, Jharkhand ...... Opposite Parties
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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
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For the Petitioner :- Mr. Abhishek Kumar Dubey, Advocate
For the State :- Mr. Dilip Kumar Karmakar, Advocate
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4/23.06.2022 This petition has been filed for quashing of the entire
criminal proceeding in connection with Sakchi P.S.Case No.61 of 2016
corresponding to G.R. Case No.1376 of 2016, lodged on 16.05.2016
under sections 406/498(A)/323/34 of the IPC and sections 3/4 of the
Dowry Prohibition Act including quashing of order dated 06.04.2017,
passed by the learned Chief Judicial Magistrate, Jamshedpur by which
cognizance of the under sections 406/498(A)/232 /34 IPC and sections 3/
4 of the Dowry Prohibition Act has been taken, pending in the court of
Chief Judicial Magistrate, Jamshedpur.
Mr. Dubey, the learned counsel appearing for the petitioner
submits that this case is arising out of matrimonial dispute and now
mutual divorce has been taken place between the parties under section
13(B) of the Hindu Marriage Act and the judgment of the Family Court is
annexed as Annexure-4 to the I.A. No.4763 of 2022 which was filed for
compromise between the parties. The petitioner namely Awadhesh Goel
and the O.P.No.2 namely Ekta Agarwal are present in the Court in person.
On query by the Court, both have accepted that now they have obtained
the divorce of mutual consent under section 13(B) of the Hindu Marriage
act. The memorandum of understanding has been annexed with the
said I.A. It has been agreed between the parties that a total sum of
Rs.8 lakhs will be paid to the O.P.No.2 as permanent alimony and
Rs.3 lakh was paid as first instalment and further Rs.3 lakh was paid
after filing of the petition under section 13(B) of the Hindu Marriage Act
and remaining Rs.2 lakh was agreed to be paid at the time of quashing
of this present FIR. The draft of Rs.2 lakhs has been handed over to the
O.P.No.2 namely Ekta Agarwal and she has accepted the same in the
court. The learned counsel for the petitioner has identified the petitioner
namely Awadhesh Goel and the learned counsel for the O.P.No.2 has
identified the O.P.No.2 namely Ekta Agarwal.
In view of the above facts and submission of the learned
counsel for the parties and the statement of the petitioner and the
O.P.No.2 who are present in the court in person it appears that both have
compromised the matter and mutual decree of divorce has already been
passed in terms of memorandum of understanding. O.P.No.2 has
received the alimony and there is no societal interest involved in this
matter and there is no chance of conviction if the case is allowed to
proceed and it will amount to abuse of process of Court.
Accordingly, entire criminal proceeding in connection with
Sakchi P.S.Case No.61 of 2016 corresponding to G.R. Case No.1376 of
2016, lodged on 16.05.2016 under sections 406/498(A)/323/34 of the
IPC and sections 3/4 of the Dowry Prohibition Act including order dated
06.04.2017, passed by the learned Chief Judicial Magistrate, Jamshedpur,
pending in the court of Chief Judicial Magistrate, Jamshedpur is hereby
quashed.
Cr.M.P.No.3797 of 2018 stands allowed and disposed of.
The aforesaid I.A. also stands disposed of.
( Sanjay Kumar Dwivedi, J.)
SI/
