Jharkhand High Court
Abhishek Kumar @ Abhishek vs The State Of Jharkhand on 10 September, 2024
Author: Sanjay Kumar Dwivedi
Bench: Sanjay Kumar Dwivedi
IN THE HIGH COURT OF JHARKHAND, RANCHI
W.P. (Cr.) No. 399 of 2023
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Abhishek Kumar @ Abhishek, aged about 37 years, S/o Vijay
Kumar Tripathi, R/o Chandhosh Road, Paliganj, Patna, P.O and
P.S. - Paliganj, District - Patna, Bihar .... Petitioner
-- Versus --
1. The State of Jharkhand
2. Mrs. Tanushree, W/o Abhishek, R/o C/o B.R. Tiwari, Flat
No.507, City Centre, Near Combined Building, P.O. and P.S. -
Dhanbad, District - Dhanbad, Jharkhand .... Respondents
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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
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For the Petitioner :- Mr. Rishu Ranjan, Advocate
:- Mr. Abhishek Singh, Advocate
For the State :- Mr. Manoj Kumar, Advocate
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10/10.09.2024 Notice upon the respondent No.2 has issued and it
was not being served and that's why the petitioner was directed to
take substituted steps to serve the notice upon the respondent No.2
by way of paper publication and pursuant to that the paper
publication was published and supplementary affidavit was filed and
in view of order dated 29.08.2024 the notice upon the respondent
No.2 is said to be validly served and on that day the matter was
further adjourned with a view to provide one more opportunity to
the respondent No.2 in spite of that nobody has responded on
behalf of respondent No.2, as such this petition is being heard in
absence of respondent No.2
2. Heard learned counsel appearing for the petitioner and
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learned counsel appearing for the respondent State.
3. The prayer in the writ petition is made for quashing of the
entire criminal proceeding including the order dated 12.07.2022 in
connection with C.P. Case No.1293 of 2020 whereby the learned
Court has been pleased to take cognizance under Sections 498(A),
323, 341 and 34 of the Indian Penal Code pending in the Court of
learned Judicial Magistrate, 1st Class, Dhanbad.
4. The complaint case was filed alleging therein that the
allegations as has been levelled by way of the complaint petition is
that the marriage of the respondent No.2 was solemnized with
petitioner on 18/02/2011 according to the Hindu customs at
Dhanbad wherein accused persons demanded 15 lakhs cash & car
Maruti Suzuki worth 6.5 lakhs & gold ornament of 10 bar worth
rupees 3 lakhs & cloths, washing machine, fridge, utensils etc.
which was given by the parent of the complainant but the in-laws
were not pleased who mentally tortured the Respondent No. 2 and
also took her valuables. That out of their wedlock one girl child was
born namely Shanaya Tripathi following which Rupees 5 lakhs was
demanded for fix deposit and on refusal the Respondent no. 2 was
tortured mentally & physically. It is next contended that when
Respondent the family members of the respondent No.2 knew
about the torture, they brought Respondent No. 2 from Paliganj to
Dhanbad where complainant started residing. It is next it is
contended that Petitioner had talk with his in-laws and the
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Respondent nо. 2 started residing with petitioner at Dhanbad where
other in-laws joined them. That the accused persons once again
started putting pressure for demand of huge amount and on refusal,
Respondent No. 2 was ousted in the year 2016 and since then she
is residing in her parents. That Respondent no. 2 filed an original
suit no. 270 of 2020 for the divorce which is pending before Family
Court, Dhanbad and upon coming to know about the case the
accused persons came to the house of the Respondent No. 2 on
20.07.2020 and created nuisance, abused and threatened to kill
following which complaint petition was filed.
5. Learned counsel appearing for the petitioner submits that
the learned Court has been pleased to take cognizance on the
complaint petition on 12.07.2022 under the aforesaid sections of
IPC. He submits that the respondent No.2 herself was not interested
in residing along with the petitioner and family members and
accordingly she had preferred one original suit No.270 of 2020
under Section 13(1)(b) of Hindu Marriage Act for dissolution of
marriage contained in Annexure-III of the writ petition in which
mediation was held and both the parties have compromised the
case and decided to dissolve the marriage and pursuant to that one
petition was filed to convert the said suit under Section 13(B) and
thereafter the under Section 13(B) the said suit was entertained
and learned Principal Judge, Family Court, Dhanbad by judgment
dated 18.02.2022 in Original Suit No.270 of 2020 directed to
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dissolve the marriage amongst the parties with effect from that day
contained in Annexure-V of the writ petition and decree was
prepared and signed on 28.02.2022 by way of in Annexure-VI. He
submits that the decree was passed on 28.02.2022 wherein the
cognizance has been taken on 12.07.2022. On this background, he
submits that the entire criminal proceeding may kindly be quashed.
6. Learned counsel appearing for the respondent State submits
that on the complaint petition, the learned Court has been pleased
to take cognizance.
7. In view of the above submission of learned counsel
appearing for the parties, the Court has gone through the materials
on record and finds that admittedly the petitioner is the husband of
the respondent No.2 and respondent No.2 has initiated the original
suit No.270 of 2020 which on mediation converted into Section
13(B) of the Hindu Marriage Act pursuant to that the learned Court
has been pleased to grant decree of divorce between the parties by
order dated 18.02.2022 and the learned Court has been pleased to
take cognizance by order dated 12.07.2022. The mutual divorce
petition filed before the learned Court is also brought on record
contained in Annexure-IV wherein it has been stated that both the
parties will not file further any case/claim/suit against each other
relating to the matrimonial dispute which clearly suggests that the
intention was not to pursue any case by each of the parties.
8. In view of the above facts, reasons and analysis the entire
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criminal proceeding including the order dated 12.07.2022 in
connection with C.P. Case No.1293 of 2020 pending in the Court of
learned Judicial Magistrate, 1st Class, Dhanbad is hereby quashed.
9. This petition is allowed and disposed of.
(Sanjay Kumar Dwivedi, J.)
Sangam/
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