Amit Kishor vs The State Of Jharkhand
2022 Latest Caselaw 4598 Jhar

                   IN THE HIGH COURT OF JHARKHAND AT RANCHI
                             Cr.M.P. No. 3395 of 2019
             Amit Kishor, aged 32 years, son of Prem Kishor Prasad, resident of G4-704,
             Provident Wel Worth City, near Marasandra Bus Stop, Yelahanka,
             Doddaballapur, Main Road, Bangalore presently resident of No.27/B-9,
             Room No.6, 4th Floor, 4th B Cross, Tankshore Road, 29th Main Road, P.O. &
             P.S. Madiwala, BTM, 2nd Stage, Bangalore              ... Petitioner
                                         -Versus-
             The State of Jharkhand                                 ... Opposite Party
                                             -----

CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Petitioner : Mr. Sunil Kumar Agarwal, Advocate For the Opposite Party-State : Ms. Snehlika Bhagat, A.P.P.

             For the Informant               : Mr. Rajesh Kumar, Advocate
                                             -----

06/17.11.2022. This petition has been filed for quashing the entire criminal

proceeding in connection of Mahila P.S. Case No.33/2018, pending in the

court of the learned Judicial Magistrate, 1st Class, Ranchi.

2. Mr. Sunil Kumar Agarwal, learned counsel for the petitioner submits

that the FIR has been lodged under Section 498-A and other Sections of the

Indian Penal Code and under Section 3/4 of Dowry Prohibition Act. The case

is arising out of matrimonial dispute. He further submits that on the basis of

compromise, decree of divorce has been granted, which has been brought

on record by way of filing supplementary affidavit on behalf of the petitioner

dated 22.09.2022.

3. Mr. Rajesh Kumar, learned counsel appearing for the informant

submits that counter affidavit has been filed on affidavit. He also accepts

the submissions of the learned counsel for the petitioner. He submits that

on the basis of the compromise, the learned Family Court at Bengaluru has

passed the decree of divorce, which has been brought on record by way of

filing supplementary affidavit on behalf of the petitioner.

4. Ms. Snehlika Bhagat, learned counsel for the State submits that the

document suggests that decree of divorce has been passed.

5. In view of the above facts and submissions of the learned counsel

appearing for the parties and also considering that this matter is arising out

of matrimonial dispute and on the basis of the compromise, decree of

divorce has been obtained and there is no societal interest and also

considering the judgments passed by the Hon'ble Supreme Court in Gian

Singh v. State of Punjab & another; [(2012) 10 SCC 303] and in

Narinder Singh & others v. State of Punjab & another; [(2014) 6

SCC 466, the entire criminal proceeding in connection of Mahila P.S. Case

No.33/2018, pending in the court of the learned Judicial Magistrate,

1st Class, Ranchi is, hereby, quashed.

6. Accordingly, this petition stands allowed and disposed of.

7. Interim order dated 01.06.2020 stands vacated.

(Sanjay Kumar Dwivedi, J.) Ajay/