Jharkhand High Court
Avinash Kumar Tiwari vs The State Of Jharkhand on 9 November, 2022
1
IN THE HIGH COURT OF JHARKHAND, RANCHI
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Cr.M.P. No. 2140 of 2015
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Avinash Kumar Tiwari, s/o Mukesh Tiwari, resident of RZ-1, Block -N Opposite
Ashirwad Vatika Gopal Nagar Extension, Main Dhansa Road, Najafgarh,
P.O.Najafgarh, P.S.Baba Haridas Nagar, District Southwest Delhi, PIN 110043
..... Petitioner
-- Versus --
1.The State of Jharkhand
2.Srimati Mala Kumari, w/o Avinash Kumar Tiwari and D/o late Kashinath
Dubey, resident of quarter No.30-D, Line No.26, Block -A, Tuiladumri, PO and
PS Golmuri Town, Jamshedpur, District East Singhbhum .....Opposite Parties
With
Cr.M.P. No. 2029 of 2015
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1.Mukesh Tiwari, s/o late Mahendra Tiwari, resident of RZ-1, Block -N Opposite
Ashirwad Vatika Gopal Nagar Extension, Main Dhansa Road, Najafgarh,
P.O.Najafgarh, P.S.Baba Haridas Nagar, District Southwest Delhi, PIN 110043
2.Geeta Tiwari, w/o Mukesh Tiwari, resident of RZ-1, Block-N, Opposite
Ashirwad Vatika Gopal Nagar Extension, Main Dhansa Road, Najafgarh,
P.O.Najafgarh, P.S.Baba Haridas Nagar, District Southwest Delhi, PIN-110043
..... Petitioners
-- Versus --
1.The State of Jharkhand
2.Srimati Mala Kumari, w/o Avinash Kumar Tiwari and D/o late Kashinath
Dubey, resident of quarter No.30-D, Line No.26, Block -A, Tuiladumri, PO and
PS Golmuri Town Jamshedpur, District East Singhbhum .....Opposite Parties
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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
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For the Petitioners :- Mr. Amit Kumar Das, Advocate
Mr. Shivam Utkarsh Sahay, Advocate
Mr. Saurav Kumar, Advocate
For the State :- A.P.P.
For the O.P.no.2 :- Mr. Anurag Kashyap, Advocate
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3/09.11.2022 These petitions have been filed for quashing of the entire
criminal proceeding in connection with Golmuri P.S.Case No.199 of 2015
(G.R.No.2484 of 2015), pending in the court of learned Chief Judicial
Magistrate, Jamshedpur.
Cr.M.P. No.2140 of 2015 the petitioner is husband of the
O.P.No.2 and in Cr.M.P. No.2029 of 2015 the petitioners are father in law and
mother in law of the O.P.No.2 respectively.
Mr. Das, the learned counsel appearing for the petitioners
submits that the matter is arising out of matrimonial dispute and has been
registered under section 498-A IPC as well as other sections of the I.P.C and
section 3/4 of the Dowry Prohibition Act. He submits that now both the
parties have compromised the matter and they have decided to obtain mutual
divorce and it has been decided that total Rs.30 lakhs has to be paid by the
petitioner in Cr.M.P.No.2140 of 2015 namely Avinash Kumar Tiwari to the
O.P.No.2 out of which Rs.10 lakhs at the time of filing of divorce, Rs.10 lakhs
at the time of filing of I.A for seeking compromise and Rs.10 lakhs at the time
of decree of divorce. He further submits that Rs.20 lakhs has already been
paid and Rs.10 lakhs will be paid at the time of decree of divorce.
Mr. Kashyap, the learned counsel for the O.P.No.2 fairly submits
that a joint compromise petition has been filed by way of I.A. No.9822 of
2022 wherein terms and conditions as submitted by Mr. Das, the learned
counsel for the petitioner, has been disclosed. He submits that Rs.10 lakhs
shall be received by O.P.No.2 at the time of decree of divorce. As per the
compromise the O.P.No.2 does not want to proceed with the matter in view of
the compromise.
In view of the above submission of the learned counsels
appearing for the parties, he submits that compromise has been taken place
and Rs.20 lakhs has been paid to the O.P.No.2. The divorce case has been
already filed. The case is arising out of matrimonial dispute and there is no
societal interest involved in this petition.
Considering the above facts as well the judgment of the Hon'ble
Supreme Court 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, entire criminal
proceeding in connection with Golmuri P.S.Case No.199 of 2015 (G.R.No.2484
of 2015), pending in the court of learned Chief Judicial Magistrate,
Jamshedpur is quashed.
Cr.M.P.No.2140 of 2015 and Cr.M.P.No.2029 of 2015 stand
allowed and disposed of.
Pending petition, if any, also stands disposed of.
( Sanjay Kumar Dwivedi, J.)
SI/,
