Jharkhand High Court
Jagshan Singh vs The State Of Jharkhand And Anr on 18 November, 2022
1
IN THE HIGH COURT OF JHARKHAND, RANCHI
----
Cr.M.P. No. 2473 of 2022
----
1.Jagshan Singh, aged about 42 years, son of Jagroop Singh, resident of
Near Teachers Training College, Shukla Colony, P.O. and P.S.Doranda,
District Ranchi, Jharkhand
2.Jagroop Singh, aged about 70 years, son of late Jagan Singh, resident of
Near Teachers Training College, Eyelex Multiplex, Shukla Colony, P.O. and
P.S. Doranda, District Ranchi, Jharkhand
3.Jagswroop Singh, aged about 33 years, s/o Jagroop Singh, resident of
Near Teachers Training College, Shukla Colony, PO and PS Doranda,
District Ranchi, Jharkhand
4.Shashi Kala Singh, aged about 63 years, w/o Jagroop Singh, resident of
Near Teachers Training College, Shukla Colony, P.O. and P.S. Doranda,
Disrtrict Ranhi
5.Indrani Singh, aged about 55 years, w/o Manoj Kumar Sinha, resident of
Saket Nagar, P.O. and P.S. Doranda, District Ranchi, Jharkhand
6.Mousumi Ghosh, aged about 33 years, w/o Jagswroop Singh, resident of
Near Teachers Training College, Shukla Colony, P.O. and P.S. Doranda,
District Ranchi, Jharkhand ..... Petitioners
-- Versus --
The State of Jharkhand and Anr. ...... Opposite Parties
----
CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
---
For the Petitioner :- Mr. Debarsi Mondal, Advocate
For the State :- Mrs. Priya Shrestha, Spl.P.P.
For the O.P.No.2 :- Mr. Ripurjay Jha, Advocate
----
5/18.11.2022 This petition has been filed for quashing of the entire
criminal proceeding arising out of Dhurwa P.S.Case No.132 of 2022 dated
30.05.2022 registered for the offence under sections 498(A), 406, 420,
387 and 34 of the IPC and section 3/ 4 of the Dowry Prohibition Act,
pending in the court of learned Chief Judicial Magistrate, Ranchi.
The learned counsel for the petitioners submits that the
matter is arising out of matrimonial dispute and now the petitioner no.1
and the O.P.No.2 who are husband and wife respectively have settled
their dispute and in the mediation both the parties have agreed that they
will obtain mutual divorce and pursuant to that divorce petition has been
filed under section 13(B) of the Hindu Marriage Act and in view of that
the entire criminal proceeding is sought to be quashed.
Mr. Ripunjay, the learned counsel appearing for the O.P.No.2
submits that both the parties have compromised the matter and mutual
divorce petition has been filed before the competent family court and the
O.P.No.2 does not want to proceed in this matter and for that I.A.
No.6998 of 2022 has been filed which is affidavited separately by the
petitioners as well as the O.P.No.2.
Mrs.Priya Shrestha, the learned counsel appearing on behalf
of the respondent State submits that the matter arising out of
matrimonial dispute.
In view of the above submissions of the learned counsels
appearing on behalf of the parties and considering that O.P.No.2 does not
want to proceed with the case and in the mediation both the parties have
compromised and they have decided to obtain mutual divorce and for
that divorce petition has been filed, the dispute is matrimonial in nature,
there is no societal interest is involved in this matter and considering the
judgments rendered by 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, the entire criminal proceeding arising out of Dhurwa
P.S.Case No.132 of 2022 dated 30.05.2022 registered for the offence
under sections 498(A), 406, 420, 387 and 34 of the IPC and section 3/ 4
of the Dowry Prohibition Act, pending in the court of learned Chief
Judicial Magistrate, Ranchi is quashed.
Cr.M.P. No.2473 of 2022 is allowed and disposed of.
Interim order stands vacated.
I.A. No.6998 of 2022 stands disposed of.
( Sanjay Kumar Dwivedi, J.)
SI/
