Kumar Abhinav vs The State Of Jharkhand
2022 Latest Caselaw 4284 Jhar

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            IN THE HIGH COURT OF JHARKHAND, RANCHI
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Cr.M.P. No. 1568 of 2021

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Kumar Abhinav, son of Sri Ashutosh Kumar Sahay, aged about 36 years, resident of Flat No.404, Draupadi Apartment, Bano Manzil Road, P.S. Sukhdeonagar, P.O. GPO, District Ranchi ..... Petitioner

-- Versus --

1.The State of Jharkhand

2.Nupur Chandra, w/o Dr. Krishna Chandra at present resident of OIC, Sambhav Apartment, Deputy Para near Kutchery PO and PS Lalpur, District Ranchi ...... Opposite Parties With Cr.M.P. No. 39 of 2022

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1.Ashutosh Kumar Sahay, s/o late Madheshwar Sahay, aged about 71 years

2.Nutan Sahay, w/o Sri Ashutosh Kumar Sahay, aged about 68 years, Both resident of Flat No.404, Draupadi Apartment, Bano Manzil Road, P.S. Sukhdeonagar, P.O. GPO District Ranchi ..... Petitioners

-- Versus --

1.The State of Jharkhand

2.Nupur Chandra, w/o Dr. Krishna Chandra at present resident of OIC, Sambhav Apartment, Deputy Para near Kutchery PO and PS Lalpur, District Ranchi ...... Opposite Parties

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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Petitioners :- Mr. Prabhat Kumar Sinha, Advocate For the State :- Mrs. Priya Shrestha, Advocate For the O.P.No.2 :- Mr. A.K.Das, Advocate

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9/19.10.2022 Heard Mr. Prabhat Kumar Sinha, the learned counsel for the

petitioner, Mrs. Priya Shrestha, the learned counsel for the State and Mr.

A.K.Das, the learned counsel appearing on behalf of the O.P.No.2.

In both the matters a common question of facts and the

common FIR is under challenge and that is why both the cases have

been heard together with the consent of the parties.

In Cr.M.P.No.1568 of 2021 the O.P.No.2 is the mother of

the wife of the petitioner namely-Kumar Abhinav and in Cr.M.P.No.39 of

2022 the petitioners are the mother in law and father in law respectively

of daughter of the O.P.No.2.

In these petitions the petitioners have prayed for quashing

of the First Information Report including investigation in connection with

Mahila P.S.Case No.07/2021(arising out of Complaint Case No.332/2021),

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

The learned counsel for the petitioners submits that the

matter is arising out of matrimonial dispute and both the parties have

settled their dispute. He submits that the daughter of the informant had

gone beyond tolerable limit of the petitioner-Kumar Abhinav and his wife-

Kanu Priya preferred a divorce proceeding being Case No.FC/D5283/2020

on 19.11.2020. He also submits that the daughter of the informant has

also prayed for divorce but on her own terms. He further submits that

the mediation commended and finally in terms of the interim judgment

dated 10.06.2021 passed by the Family Justice Court of the Republic of

Singapore dissolved the marriage and the said order is annexed as

Annexure-6 to the petition. He submits that terms and condition has

been reduced in writing which has been brought on record by way of

supplementary affidavit contained at Annexure-8. He submits that so far

as daughter of the informant is concerned the terms and conditions of

settlement has been complied with. He submits that in light of the

settlement arrived at paragraph no.3 which is with regard to the welfare

of the children that part is being looked into by the petitioner and he will

go on complying the same terms and conditions. He further submits that

the informant interim order of divorce has been affirmed as Annexure-10

which is the final judgment dated 13.9.2021.

Mr. Das, the learned counsel for the O.P.No.2 fairly submits

that now divorce has been taken place in the terms of conditions which

has been brought on record as Annexure-8, he submits that so far the

daughter of the informant is concerned, that part has already been

fulfilled by the petitioner. He fairly submits that if the petitioner is going

on complying the terms and conditions reduced at clause 3 and 4 of the

said settlement, the informant has got no objection to quash the entire

criminal proceeding in this case.

In view of the above facts and submission of the learned

counsels appearing for the parties and also considering that the mother

of the wife of the petitioner no.1-namely-Kumar Abhinav has filed the

present case, the divorce has already been taken place, the terms and

conditions are complied with by the petitioner with respect to the wife

and the under taking has been given to the effect that so far the

children's welfare is concerned, in term of clause 3 and 4 of the said

settlement that is being complied with and divorce has already been

taken place there is no societal interest involved these petitions and

considering the judgments 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 by the Hon'ble Supreme Court, the entire criminal proceeding

in connection with Mahila P.S.Case No.07/2021 (arising out of Complaint

Case No.332/2021), pending in the court of learned Judicial Magistrate,

1st Class, Ranchi, is quashed.

Cr.M.P.No.1568 of 2021 and Cr.M.P.No.39 of 2022 stand

allowed and disposed of.

I.A. if any also stands disposed of.

( Sanjay Kumar Dwivedi, J.)

SI/