Paras Marandi @ Pres Marandi @ Paresh ... vs The State Of Jharkhand
2023 Latest Caselaw 4312 Jhar

Jharkhand High Court

Paras Marandi @ Pres Marandi @ Paresh ... vs The State Of Jharkhand on 29 November, 2023

Author: Sanjay Kumar Dwivedi

Bench: Sanjay Kumar Dwivedi

                  IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                Cr.M.P. No. 3579 of 2017
            1.   Paras Marandi @ Pres Marandi @ Paresh Marandi
            2.   Hopna Manjhi
            3.   Gua Devi
            4.   Dinesh Marandi
            5.   Somti Devi                               ... Petitioners
                                       -Versus-
            1.   The State of Jharkhand
            2.   Balika Kumari                            ... Opposite Parties
                                            -----

            CORAM:       HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
                                            -----
            For the Petitioners       : Mr. A.K. Sahani, Advocate
            For the State             : Ms. Nehala Sharmin, S.P.P.
            For O.P. No.2             : Mr. Md. Faiyaj Alam, Advocate
                                            -----
11/29.11.2023     Heard Mr. A.K. Sahani, learned counsel for the petitioners, Ms. Nehala

Sharmin, learned counsel for the State and Mr. Md. Faiyaj Alam, learned

counsel for opposite party no.2.

2. This petition has been filed for quashing of the entire criminal

proceeding including the FIR in connection with Jaridih P.S. Case No.79 of

2017, dated 13.09.2017, corresponding to G.R. No.833 of 2017, pending in

the Court of the learned Judicial Magistrate, 1st Class, Bermo at Tenughat.

3. Mr. Sahani, learned counsel for the petitioners submits that petitioner

no.1 is the husband, petitioner nos. 2 and 3 are parents-in-law, petitioner

no.4 is the brother-in-law and petitioner no.5 is the sister-in-law of opposite

party no.2. He submits that the case is arising under Section 498-A and

other Sections of the Indian Penal Code as well as under Section 3/4 of the

Dowry Prohibition Act and under Section 3/4 of Witchcraft Practices Act. He

further submits that now good sense has prevailed between the parties and

joint compromise has reached between petitioner no.1 and opposite party

no.2 and for that I.A. No.1162 of 2023 has been filed. He submits that out

of the settlement, the dispute has been settled out of the Court and now

opposite party no.2 is not willing to proceed further with the present case.

4. Mr. Md. Faiyaj Alam, learned counsel for opposite party no.2 accepts

the submission of Mr. Sahani, learned counsel for the petitioners and

submits that the said I.A. is there, wherein such averment has been made.

He further submits that the said I.A. is also affidavited by opposite party

no.2 and now opposite party no.2 does not want to proceed with the

matter.

5. Ms. Nehala Sharmin, learned counsel for the State submits that it

appears that the compromise between the parties is there.

6. The matter is arising under Section 498-A and other Sections of the

Indian Penal Code as well as under Section 3/4 of the Dowry Prohibition Act

and under Section 3/4 of Witchcraft Practices Act. The compromise is there

as averred in the said I.A. Further, opposite party no.2 does not want to

proceed with the matter and there is no societal interest involved in this

case. Further considering the judgments passed by the Hon'ble Supreme

Court in the case of Gian Singh v. State of Punjab & another , reported

in [(2012) 10 SCC 303] and in the case of Narinder Singh & others v.

State of Punjab & another, reported in [(2014) 6 SCC 466, the entire

criminal proceeding including the FIR in connection with Jaridih P.S. Case

No.79 of 2017, dated 13.09.2017, corresponding to G.R. No.833 of 2017,

pending in the Court of the learned Judicial Magistrate, 1 st Class, Bermo at

Tenughat is quashed.

7. Accordingly, this petition is allowed and disposed of.

8. Consequently, I.A. No.1162 of 2023 is disposed of.

(Sanjay Kumar Dwivedi, J.) Ajay/