RAKESH KUMAR MISHRA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This writ petition by the husband (petitioner No. 1) and his family prays for quashing the criminal proceedings initiated by the wife (respondent No. 2) by way of criminal complaint being C/1 Case No. 866/2006 under Sections 323/406/498A/506/ 34 IPC and Sections 3/4 of the Dowry Prohibition Act. There was civil (matrimonial) as well as criminal litigation between the parties. During the pendency of the same the parties entered into a written agreement (Annexure-5). The execution of the agreement is not disputed. Under the agreement the husband was to pay Rs. 7 lacs to the wife in two installments of 5 and 2 lacs, and was also to discharge a loan liability of Rs. 2 lacs. The wife in return was to cooperate for a divorce by mutual consent and was also to withdraw the criminal proceedings. It is not in dispute that the loan liability has been discharged by the husband and that he has paid to the wife Rs. 4 lacs. In addition he has deposited Rs. 3 lacs in the Court below where divorce proceedings were pending. It is also not disputed that although the wife has not yet withdrawn the said amount of Rs. 3 lacs, but there is no restriction and she can withdraw the money whenever she wants.

(2.) The dispute raised by the wife now is that she should be paid a further amount of Rs. 8 lacs, without which she will not perform her obligation under the agreement. The justification given for this new and additional demand is that this amount represents the extra expenditure incurred in performance of her marriage.

(3.) The husband, as well as the wife accompanied by her father are said to be present in Court today. I have heard the learned counsel for both sides.