VIKAS TIWARI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Mukesh Kumar, learned counsel for the petitioners, Mr. Pankaj Kumar, learned counsel for the State and Mr. Abhay Kumar Mishra, learned counsel for opposite party no.2.

(2.) This petition has been filed for quashing the entire criminal prosecution arising out of C.P. Case No.431/2017 including the order taking cognizance dtd. 21/7/2017 passed by the learned Judicial Magistrate, 1st Class, Bokaro, whereby, summon has been directed to be issued against the petitioners, pending in the court of the learned Judicial Magistrate, 1st Class, Bokaro.

(3.) The case is arising out of matrimonial dispute which is registered under Sec. 498(A)/379 of the Indian Penal Code and Sec. 3/4 of the Dowry Prohibition Act. Vide order dtd. 27/9/2021, this matter was referred to the Member Secretary, JHALSA for mediation between the petitioners and opposite party no.2. Pursuant thereto, the mediation has taken place between the parties and the matter has been settled before the Mediator. The mediation report is also on the record, which suggests that the matter has been compromised on the basis of total payment of Rs.6.00 Lakhs to opposite party no.2. The first installment of Rs.3.00 Lakhs was earlier handed over to Mr. Abhay Kumar Mishra, learned counsel for opposite party no.2 in Court and Mr. Mishra has handed over the same to opposite party no.2 in terms of the compromise.