Sammi Kumari vs The State Of Jharkhand
2023 Latest Caselaw 4212 Jhar

IN THE HIGH           COURT OF JHARKHAND AT RANCHI
                           Cr. M. P. No. 2229 of 2018
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1. Sammi Kumari

2. Shivnath Gupta

3. Dashrath Gupta @ Dashrath Kumar Gupta

4. Reena Kumari @ Reena Gupta

5. Bahadur Gupta

6. Gauri Gupta @ Gauri Shankar Gupta ... .... Petitioners Versus

1. The State of Jharkhand

2. Amit Sinha ... .... Opp. Parties

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CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY

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  For the Petitioners      : Mr. Santosh Kumar, Advocate
  For the State            : Mr. Arup Kr. Dey, A.P.P.

For the O.P. No. 2: Mr. Deepak Sahu, Advocate

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Oral Order 08 / Dated : 08.11.2023

1. The instant criminal misc. petition has been filed for quashing the entire criminal proceeding including the order taking cognizance dated 01.04.2017 passed in C.P. Case No. 1726 of 2015 under Sections 417 and 495 of IPC.

2. Petitioner no. 1 is the wife of the complainant. The case of the complainant is that he was married with petitioner no. 1 on 26.02.2015 by concealing that she was earlier married to one Sanjiv Kumar on 29.04.2006.

3. In enquiry, the statements of the complainant and two witnesses were recorded on the basis of which summoning order has been passed which is under challenge in the instant quashing petition.

4. It is submitted by learned counsel for the petitioners that there was no concealment on the part of petitioner no. 1 or any of her family members regarding the factum of earlier marriage and it was in full knowledge of the complainant and, therefore, the offence under Sections 495 of IPC will not be made out. Furthermore, earlier marriage had been dissolved in T.M.S. No. 122 of 2014 vide judgment dated 08.02.2015. Matter has now been settled between both the parties and a compromise petition has been filed vide I.A. No. 1485 of 2023 in which the petition for divorce has been duly signed by both sides.

5. Learned counsel for the complainant-opposite party no. 2 has not disputed the factum of compromise.

Under the circumstance, the order taking cognizance dated 01.04.2017 as well as the entire criminal proceeding arising out of C.P. Case No. 1726 of 2015 is quashed in the light of compromise petition, so far as the petitioners, above named, are concerned. Instant Cr. Misc. Petition is allowed. Pending I.A. stands disposed of.

(Gautam Kumar Choudhary, J.) AKT/Satayendra

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