NILAM SINHA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This petition has been filed for quashing of the entire criminal proceeding as well as the order dtd. 22/8/2015 passed by the court of learned judicial Magistrate, 1st Class, Dhanbad whereby cognizance has been taken and summons has been issued against the petitioner pending in the court of learned Judicial Magistrate 1st Class, Dhanbad.

(2.) The learned counsel for the petitioner submits that there is allegation against the husband of the petitioner and that too arising out of commercial dispute. He submits that in S.A. which has been brought on record by way of supplementary affidavit the complainant has clearly stated that he has not demanded money from this petitioner who happened to be wife of the accused no.1. He further submits that the order taking cognizance is also not in accordance with law and what are the prima facie materials are not disclosed.

(3.) The Court has perused the complaint petition and finds that there are allegations of transaction with regard to opening of a coal depot and for that certain money has been provided by the O.P.No.2 to the husband of this petitioner. A compromise petition has been filed which is also on record which suggest that accused as well as O.P.No.2 has compromised.