Nisha Prasad vs The State Of Jharkhand And Another .... ...
2023 Latest Caselaw 4490 Jhar

Jharkhand High Court

Nisha Prasad vs The State Of Jharkhand And Another .... ... on 11 December, 2023

Author: Sanjay Kumar Dwivedi

Bench: Sanjay Kumar Dwivedi

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             IN THE HIGH COURT OF JHARKHAND, RANCHI
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Cr.M.P. No. 2477 of 2013

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      Nisha Prasad                                     .... Petitioner
                               --   Versus       --
      The State of Jharkhand and Another               .... Opposite Parties
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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Petitioner :- Mr. Sudarshan Shrivastava, Advocate For the State :- Mrs. Shweta Singh, Advocate

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17/11.12.2023 The notice upon the O.P. No.2 has already been served and

the matter was again adjourned on 16.06.2022 and on that day also the

O.P.No.2 had not appeared.

2. In view of that, this petition being is heard in absence of

the O.P.No.2.

3. Heard Mr. Sudarshan Shrivastava, the learned counsel for

the petitioner and Mrs. Shweta Singh, the learned State counsel.

4. This petition has been filed for quashing of the order dated

05.06.2013 arising out of Complaint Case No.188 of 2013 whereby the

learned court has taken cognizance under section 417 of the IPC pending

in the court of learned Judicial Magistrate, First Class, Ranchi.

5. Mr. Shrivastava, the learned counsel for the petitioner

submits that the petitioner is erstwhile wife of the O.P.No.2. He submits

that the allegation is made that she has taken certain money from the

pocket of O.P.No.2 and for that the case has been lodged and purchased

certain property. He submits that thereafter husband filed the divorce

case and by which divorce has been granted. He submits that the said

divorce is challenged before the court in F.A. No.39 of 2017 and the

matter has been settled between the parties which has been recorded in

the order dated 11.09.2018 passed in F.A. No.39 of 2017. On these

grounds he submits that the entire criminal proceeding may kindly be

quashed.

6. Mrs. Shweta Singh, the learned State counsel submits that

it appears the Original MTS No.279 of 2012 judgment dated 18.01.2017

was set aside in the First Appeal.

7. In view of the above, it appears that the O.P.No.2 has lost

in the matter and further it is admitted position that the petitioner

happened to be erstwhile wife of the O.P.No.2 and the allegations are of

taking money from the pocked of the husband. In such relation how

section 417 IPC is attracted as the matter of concern and further the

divorce has already been granted and the matter has been set at rests.

In view of further appellate court order dated 11.9.2018 passed in F.A.

No.39 of 2017 the review has been filed against, the review has also

been dismissed by order dated 10.4.2023. The Title Suit No.485 of 2013

has been instituted by the husband for annulling the title deed was also

dismissed by the judgment dated 25.01.2016.

8. In view of the above the entire criminal proceeding arising

out of Complaint Case No.188 of 2013 pending in the court of learned

Judicial Magistrate, First Class, Ranchi is quashed.

9. Cr.M.P. No.2477 of 2013 is allowed and disposed of.

10. Pending petition if any also stands disposed of accordingly.

( Sanjay Kumar Dwivedi, J.)

SI/