LAWS(JHAR)-2012-4-81

BINA DEVI Vs. STATE OF JHARKHAND

Decided On April 24, 2012
BINA DEVI Appellant
V/S
STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) HEARD learned counsel the petitioners and learned counsel for the State as also learned counsel for private opposite party.

(2.) THE petitioners filed this application for quashing the entire criminal proceeding in connection with Sindri (Gosala) P.S. Case No.56 of 2000 corresponding to G.R. No.1836 of 2000 for the offence under Section 498A of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act, which was instituted on the basis of the F.I.R. lodged by O.P. No.2, Smt. Maya Devi Kheria, who is the wife of the petitioner, Suresh Kumar Kheria.

(3.) WITHOUT entering into the merits of the case, it would be appropriate to mention that there were several matrimonial disputes between the parties, one of them being a maintenance case, in which the petitioner, Suresh Kumar Kheria was directed to pay the maintenance to his wife at the rate of Rs.1500/ -per month besides a sum of Rs.2,000/ -as litigation cost. The said order passed by the Principal Judge, Family Court, Dhanbad, was challenged by the petitioner in W.P.(C) No.4648 of 2001, in which there was a compromise between the parties, and according to the terms of the compromise, a lump sum amount was paid to the O.P. No.2, Smt. Maya Devi Kheria. In terms of the compromise between the parties, said W.P.(C) No.4648 of 2001 was disposed of by order dated 10.04.2003 by this Court, in which this Court also took note of the other disputes pending between the parties, including the present Cr. Misc. No.9073 of 2000, and this Court has observed that the parties have agreed to compromise all the cases between them including the present criminal case.