MUKESH KR GUPTA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE petitioners have invoked the inherent jurisdiction of this Court under Section 482 Code of Criminal Procedure for quashment of the entire criminal proceedings arising out of P.C.R. Case No.111/2010 as well as the order dated 5.7.2010 by which the learned S.D.J.M., Jamtara, having been satisfied with the prima facie case under Section 498A Indian Penal Code, directed summons to be issued against the petitioners herein. It is stated that the parties though had settled their dispute with the intervention of the well wishers, relatives and common friends, accordingly, a joint compromise petition was filed on behalf of the parties and separate prayer was made on behalf of the complainant for withdrawal of the complaint petition, but no order could be passed by the learned S.D.J.M., Jamtara. It was clearly stated in the said compromise petition, which was filed before the learned S.D.J.M., Jamtara on 3.9.2010 that the Divorce Suit No.17 of 2009 which was pending at Munger Court was also compromised and that the complainant along with her daughter Prachi Kumari was living in the house of her husband at Chakradharpur where her husband was posted in Railway. THE compromise would bring peace and amity between the parties and that their conjugal life has been already restored. In the separate petition for withdrawal of the case, the same fact was reiterated, but no order could be passed.

(2.) COMPLAINANT-opposite party No.2 Minu Devi @ Minu Kumari has appeared in this case on executing vakalatnama in favour of Mr. K.K. Mishra and has filed counter-affidavit stating and supporting her earlier petition filed before the learned S.D.J.M., Jamtara that the dispute has already been settled and now, she is living with her husband Mukesh Kr. Gupta along with her daughter Prachi Kumari at Chakradharpur where her husband was posted in Railway.

(3.) HAVING regard to the facts and circumstances of the present case and relying upon the proposition of law as laid down by the Supreme Court of India in B.S. Joshi and others versus State of Haryana and another, reported in 2003(2) East Cr C 220 (SC), entire criminal prosecution of the petitioners including the order impugned dated 5.7.2010 is quashed in exercise of the inherent power of this Court under Section 482 Code of Criminal Procedure. Accordingly, this petition is allowed and disposed of.