Shubhankar Barnwal @ Sachin ... vs The State Of Jharkhand
2022 Latest Caselaw 4622 Jhar

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               IN THE HIGH COURT OF JHARKHAND, RANCHI
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Cr.M.P. No. 3351 of 2022

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1.Shubhankar Barnwal @ Sachin Barnwal, s/o Amrendra Narain Prasad, aged about 22 years, resident of Radha Niwas, Bank More, Opposite Urmila Tower, Shastri Nagar (East), P.O.-Dhanbad and P.S.Bank More, District Dhanbad

2.Amrendra Narain Prasad @ Amrendra Narayan Singh, s/o B.P.Barnwal, aged about 53 years, resident of Radha Niwas, Bank More, Opposite Urmila Tower, Shastri Nagar (East), P.O.Dhanbad, P.S. Bank More, District Dhanbad

3.Niraj Barnwal @ Smt. Neeraj Prasad, wife of Amrendra Narain Prasad, aged about 46 years, resident of Radha Niwas, Bank More, Opposite Urmila Tower, Shastri Nagar (East), P.O. Dhanbad and PS Bank More, District Dhanbad

4.Ashok Kumar Ashk, s/o Rameshwar Prasad Barnwal, aged about 64 years, resident of Plot No.M/58, Sardar Patel Nagar, Bartand, P.O. and PS Dhanbad, District Dhanbad

5.Ankan Barnawal @ Ankan @ Aman Barnwal, d/o Amrendra Narain Prasad, aged about 30 years, resident of Radha Niwas Bank More, Opposite Urmila Tower, Shastri Nagar (East), P.O. Dhanbad P.S. Bank More, District Dhanbad

6.Trishali Barnwal, d/o Amrendra Narain Prasad, aged about 23 years, resident of Radha Niwas, Bank More, Opposite Urmila Tower, Shastri Nagar (East), P.O. Dhanbad, P.S. Bank More, District Dhanbad

7.Akash Verma, s/o Yashpal Singh, 5401-B, Street No.15, Balbir Nagar Extension, Shahdara, North East Delhi, P.O. and P.S. Shahdara, Delhi ..... Petitioners

-- Versus --

1.The State of Jharkhand

2.Anil Kumar, S/o late G.S. Prasad, resident of Kailash Apartment, South Office Para, P.O. and P.S. Doranda, District Ranchi..... Opposite Parties

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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Petitioners :- Mr. Manoj Kumar No.3, Advocate For the State :- Mrs. Anuradha Sahay, A.P.P. For the O.P.No.2 :- Mr. Ashok Kumar, Advocate

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4/18.11.2022 This petition has been filed for quashing of the entire

criminal proceeding in connection with Argora P.S.Case No.128 of 2017,

corresponding to G.R.No.2168 of 2017, pending before learned Judicial

Magistrate, 1st Class, Ranchi.

Mr. Manoj Kumar No.3, the learned counsel appearing on

behalf of the petitioners submits that the allegation is made with regard

to non-performance of the marriage which has not been taken place due

to some exigencies in the family. He submits that there are case and

counter case on behalf of the parties. The petitioners have also filed the

case against the O.P.No.2 and the O.P.No.2 has also filed the case

against these petitioners and he submits that now both the parties have

compromised the matter and it has been decided that the case shall be

withdrawn by them and the petitioners have also withdrawn the

complaint case filed before the Dhanbad court.

Mr. Ashok Kumar, the learned counsel for the O.P.No.2

submits that referring paragraph no.8 he submits that as per submission

of the learned counsel for the petitioners that they have already

withdrawn the case before the Dhanbad court and for that I.A. No.10369

of 2022 being compromise petition has been filed. He further submits

that the O.P.No.2 does not want to proceed with the case and the entire

criminal proceeding may be quashed.

In view of the submissions of the learned counsels

appearing on behalf of the parties and considering that there are case

and counter case on behalf of the parties and the petitioners have

withdrawn the complaint case filed by them before the court at Dhanbad

and as the learned counsel for the O.P.No.2 submitted that compromise

is there and the O.P.No.2 does not want to proceed with the case, there

is no societal interest involved in this case and this is a case between the

parties and case and counter case are there and also considering the

judgment of Hon'ble Supreme Court 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, the entire criminal proceeding in connection with Argora

P.S.Case No.128 of 2017, corresponding to G.R.No.2168 of 2017, pending

before learned Judicial Magistrate, 1st Class, Ranchi is quashed.

Cr.M.P. No.3351 of 2022 stands allowed and disposed of.

I.A. if any also stands disposed of.

( Sanjay Kumar Dwivedi, J.)

SI/;