Shri Phani Bhushan Singh Munda vs The State Of Jharkhand & Anr
2023 Latest Caselaw 371 Jhar

          IN THE HIGH COURT OF JHARKHAND AT RANCHI
                      Cr.M.P. No. 360 of 2018
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Shri Phani Bhushan Singh Munda ... ... Petitioner Versus The State of Jharkhand & Anr. ... ... Opposite Parties

CORAM: HON'BLE MR. JUSTICE NAVNEET KUMAR

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For the Petitioner : Mr. Suraj Kumar, Advocate For the State : Mr. Sanjay Kr. Srivastava, A.P.P. For O.P. No. 2 : Mr. Prabhat Kumar Sinha, Advocate

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Order No. 09 / Dated: 20th January, 2023

Heard learned counsel for the petitioner and counsel for the State as also learned counsel for opposite party No. 2.

It is found that it is a matrimonial dispute between both the parties and this petition has been preferred against the order dated 22.03.2017 by which the learned Court below has found sufficient materials to proceed against this petitioner for the offence punishable under Sections 498A and 323 and 494 of the Indian Penal Code.

Learned counsel for the petitioner is directed to comply the settlement agreement which had been arrived at between the parties through a compromise which is at page-18 of the Cr.M.P. passed in Maintenance Case No. 40 of 2017 and to file a supplementary affidavit to that effect.

Learned counsel for the petitioner is further directed to clear all the dues which have accumulated in pursuance of the aforesaid compromise which took place between the parties, failing which appropriate orders shall be passed on the basis of the materials available on record Under the circumstances, it is found that a compromise had taken place between both the parties in Maintenance Case No. 40 of 2017 under which it was agreed by the petitioner to pay a sum of Rs.10,000/- to the opposite party No. 2, but the learned counsel appearing on behalf of opposite party No. 2 submits that on the direction of this Court only two installments have been paid and thereafter they have stopped it and not a single penny has been paid to the opposite party No. 2.

-2- Cr.M.P. No. 360 of 2018

In the meantime, let the present status of the case be called for from the concerned Court regarding the status of this case in the light of the judgment passed by the Hon'ble Supreme Court in the case of Asian Resurfacing of Road Agency Private Ltd. & Another Versus C.B.I. reported in (2018) 16 SCC 299.

The report must be received within four weeks from the date of receipt of this order.

Let this order be communicated either through FAX or Email. Put up this case on 28.02.2023.

J.Minj                                             (Navneet Kumar, J.)