Jharkhand High Court
Ritu Raj @ Ritu Raj Singh vs The State Of Jharkhand on 12 October, 2022
1
IN THE HIGH COURT OF JHARKHAND, RANCHI
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Cr.M.P. No. 774 of 2021
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Ritu Raj @ Ritu Raj Singh, aged about 28 years, s/o Shri Ramesh Kumar
Singh, r/o Village Shrinagar, P.O. Khodiabagh, P.S.Khaira, District Saran,
Bihar ..... Petitioner
-- Versus --
1.The State of Jharkhand
2.Shivani Singh, aged 26 years, d/o Sri Vijay Kumar Singh, r/o Awadhpuri,
Saket Nagar, Hinoo, PO and PS Doranda, District Ranchi...Opposite Parties
With
Cr.M.P. No. 373 of 2019
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1.Nilam Devi, aged about 55 years, w/o Shri Ramesh Kumar Singh, r/o
Village Shrinagar, P.O. Khodiabaghm, P.S.Khaira, District Saran, Bihar
2.Ramesh Kumar Singh, aged about 57 years, s/o Sri Bhuneshwar Singh,
r/o Village Shrinagar, P.O. Khodiabagh, P.S. Khaira, District Saran, Bihar
..... Petitioners
-- Versus --
The State of Jharkhand and Anr. ...... Opposite Parties
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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
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For the Petitioners :- Mr. Rishikesh Giri, Advocate
For the O.P.No.2 :- Mr. Anurag Kashyap, Advocate
For the State :- Mr.Pankaj Kumar Mishra, Advocate
Mr. Suraj Deo Munda, Advocate
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6/12.10.2022 Heard in both these petitions, Mr. Rishikesh Giri, the learned
counsel for the petitioners, Mr. Anurag Kashyap the learned counsel for
O.P.No.2 and Mr. Pankaj Kumar Mishra and Mr. Suraj Deo Munda, the
learned counsels appear for the respondent State.
In both these petitions, a common cognizance order as well
as the F.I.R are under challenge and that is why both these petitions
have been heard together.
These petitions have been filed for quashing the order
taking cognizance dated 4.01.2019 and the entire criminal proceeding
whereby cognizance has been taken in connection with Doranda P.S.Case
No.48 of 2018 dated 11.3.2018 pending in the court of learned S.D.J.M.,
Ranchi.
The learned counsel appearing for the petitioners submits
that in Cr.M.P.No.774 of 2021 the petitioner is husband of the O.P.No.2
and in Cr.M.P.No.373 of 2019 the petitioners are mother in law and father
in law respectively of the O.P.No.2. He submits that the matter is arising
out of matrimonial dispute and cognizance has been taken under section
498 IPC and other sections of the IPC as well as sections 3 and 4 of the
Dowry Prohibition Act. He further submits that now good sense has been
prevailed between the parties and the matter has been compromised
between both the parties as the decree of divorce has been passed under
section 13B of the Hindu Marriage Act.
Mr. Anurag Kashyap, the learned counsel for the O.P.no.2
accepts the submission of Mr. Giri, the learned counsel appearing for the
petitioners. He submits that O.P.No.2 does not want to proceed with the
case.
In view of the above submissions of the learned counsels
appearing for both the parties that decree of divorce has been passed as
submitted by Mr.Giri, the learned counsel for the petitioners, as well as
considering that there is no societal interest involved in the present F.I.R
and considering the judgment 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 order taking cognizance dated 4.01.2019 and
the entire criminal proceeding whereby cognizance has been taken in
connection with Doranda P.S.Case No.48 of 2018 dated 11.3.2018
pending in the court of learned S.D.J.M., Ranchi is quashed.
Cr.M.P. No.373 of 2019 and Cr.M.P. No.774 of 2021
stand allowed and disposed of.
I.A. if any also stands disposed of.
( Sanjay Kumar Dwivedi, J.)
SI/
