RUPESH KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Mr. Sahay, the learned counsel has appeared suo muto by way of filing Vakalatnama on behalf of the O.P.No.2 and submits that compromise has been taken place between the parties. Mr. Ankit Vishal, the learned counsel appearing for the petitioners submits that in terms of settlement, this matter may be quashed for the ends of justice. This petition has been filed for quashing of the entire criminal proceeding including the first information report in connection with Mahila P.S.Case No.28/2021 registered for the offence under Sec. 498A, 417, 504, 34 of the Indian Penal Code and Sec. 3/ 4 of the Dowry Prohibition Act, now pending in the court of learned Chief Judicial Magistrate, at Giridih.

(2.) The case was lodged on the ground of torture and demand of dowry by the O.P.No.2. Both the learned counsels jointly submits that in terms of compromise, O.P.No.2 has filed the divorce petition under Sec. 13B of the Hindu Marriage Age, 1955 which is registered as O.S.(M.T.S.)Case No.91/2022 in the court of learned Principal Judge, Family Court, Giridih. They submit that the terms and conditions of divorce has been disclosed in the divorce petition itself. Sub paragraph (c), (d), (e) and (f) of paragraph no.10 of the said petition which speaks as under, are quoted as below:

(3.) On perusal of Sub-para (d) of the paragraph no.10 of the aforesaid petition, it appears that O.P.no.2 has undertaken that after admission of the mutual divorce case she will either withdraw her criminal case lodged vide Giridih Mahila Thana PS Case No.28/2021 or appear before the Hon'ble Jharkhand High Court, Ranchi when the quashing application has been filed by the accused person of Mahila Thana PS Case No.28/2021 before the Jharkhand High Court and cooperate for quashing of the said FIR.