Nakul Sondhi vs The State Of Jharkhand & Anr. ..... ...
2024 Latest Caselaw 992 Jhar

Jharkhand High Court

Nakul Sondhi vs The State Of Jharkhand & Anr. ..... ... on 1 February, 2024

Author: Sanjay Kumar Dwivedi

Bench: Sanjay Kumar Dwivedi

                                     1

        IN THE HIGH COURT OF JHARKHAND AT RANCHI
                     Cr.M.P. No. 1257 of 2016

    1. Nakul Sondhi
    2. Neena Sondhi
    3. Aakriti Sondhi
    4. Dilip Subhiki
    5. Kanta Subhiki
    6. Pallavi Oberai                     ....   ...Petitioners
                                 Versus
        The State of Jharkhand & Anr.            ..... ...Opp. Parties

        CORAM : HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
                                ------

For the Petitioners : Mr. Ashok Kumar, Advocate For the State :Mr. Bhola Nath Ojha, A.P.P. For the O.P. No.2 : Mr. Shiv Prasad, Advocate

4/ Dated:-01.02.2024 This petition has been filed for quashing the entire

criminal proceeding including order taking cognizance dated

13.03.2015, pending in the Court of learned S.D.J.M, Ranchi.

2. Mr. Ashok Kumar, learned counsel for the petitioners

submits that the case is arising out of 498A I.P.C. He submits that

O.P. No.2 was married with petitioner no.1. He submits that in

Original Suit (MTS) No. 236 of 2015 mutual divorce has taken place

between husband and wife. He submits that one time alimony has

also been paid to the O.P. No.2 and in view of that the entire

criminal proceeding may be quashed.

3. Mr. Shiv Prasad, learned counsel for the O.P. No.2

submits that marriage between the petitioner no.1 and O.P. No.2

has been dissolved and the both are living separately. He submits

that one time alimony has been received by the O.P. No.2 and in

view of that the entire criminal proceeding may be quashed.

4. Learned counsel for the State accepts the said

submissions.

5. Admittedly, the petitioner no.1 was married with O.P.

No.2. Both have filed Original Suit (MTS) No. 236 of 2015 for mutual

divorce and by judgment dated 11.01.2015 mutual divorce has been

granted by the learned court and pursuant to that both the parties

are residing separately.

6. In view of above facts, the entire criminal proceeding

including order taking cognizance dated 13.03.2015, pending in the

Court of learned S.D.J.M, Ranchi, is quashed.

7. This petition is allowed and disposed of. Pending I.A, if

any, stands, disposed of. Interim order is vacated.

(Sanjay Kumar Dwivedi, J.) Satyarthi/-