Dr. Vipul Kumar Srivastava And ... vs The State Of Jharkhand And Another
2023 Latest Caselaw 3598 Jhar

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             IN THE HIGH COURT OF JHARKHAND, RANCHI
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Cr.M.P. No. 1798 of 2011

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      Dr. Vipul Kumar Srivastava and Another           .... Petitioners
                                  --   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 Petitioners        :-     Ms. Sonal Sodhani, Advocate
       For the State              :-     A.P.P.
       For the O.P.No.2           :-     Mr. Preetam Mandal, Advocate
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16/21.09.2023       This petition has been filed for quashing of the entire

criminal proceeding including the order dated 03.09.2005 in connection

with Complaint Case No.558 of 2005, pending in the court learned Sub

Divisional Judicial Magistrate, Ranchi.

2. Ms. Sonal Sodhani, the learned counsel appearing on behalf

of the petitioners submits that the petitioner no.1 is husband of the

O.P.No.2. She submits that the case is arising out of matrimonial dispute

and the matter is settled between the parties. She submits that in view of

the settlement, the divorce has already been obtained by the petitioner

no.1 and the O.P.No.2. She submits that in view of that, the

supplementary affidavit has been filed. She further submits that in view

of the compromise, the petitioners have already paid the loan to the

HDFC and DHFL as contained in Annexure -1 and 2 of the said

supplementary affidavit. On this ground, she submits that the entire

criminal proceeding may kindly be quashed.

3. The learned counsel for the O.P.No.2 also accepts the

submission of the learned counsel for the petitioners. He submits that the

compromise is there and pursuant to that, the divorce has been obtained

and the petitioner no.1 and the O.P.No.2 are residing separately. He

submits that the entire criminal proceeding may kindly be quashed.

4. In view of the above and considering the submission of the

learned counsels appearing on behalf of the parties and the facts

disclosed in the supplementary affidavit to the effect that divorce has

been obtained by the petitioner no.1 and O.P.No.2 and it further appears

that there is no societal interest involved in the case and in light of the

judgment of the Hon'ble Supreme Court 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,

the entire criminal proceeding in connection with Complaint Case No.558

of 2005, pending in the court learned Sub Divisional Judicial Magistrate,

Ranchi is quashed.

5. Cr.M.P. No.1798 of 2011 is allowed and disposed of.

6. Pending petition if any also stands disposed of.

( Sanjay Kumar Dwivedi, J.)

SI/