AWADHESH GOEL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This petition has been filed for quashing of the entire criminal proceeding in connection with Sakchi P.S.Case No.61 of 2016 corresponding to G.R. Case No.1376 of 2016, lodged on 16/5/2016 under Sec. 406/498(A)/323/34 of the IPC and Sec. 3/4 of the Dowry Prohibition Act including quashing of order dtd. 6/4/2017, passed by the learned Chief Judicial Magistrate, Jamshedpur by which cognizance of the under Sec. 406/498(A)/232 /34 IPC and Sec. 3/ 4 of the Dowry Prohibition Act has been taken, pending in the court of Chief Judicial Magistrate, Jamshedpur.

(2.) On query by the Court, both have accepted that now they have obtained the divorce of mutual consent under sec. 13(B) of the Hindu Marriage act. The memorandum of understanding has been annexed with the said I.A. It has been agreed between the parties that a total sum of Rs.8.00 lakhs will be paid to the O.P.No.2 as permanent alimony and Rs.3.00 lakh was paid as first instalment and further Rs.3.00 lakh was paid after filing of the petition under sec. 13(B) of the Hindu Marriage Act and remaining Rs.2.00 lakh was agreed to be paid at the time of quashing of this present FIR. The draft of Rs.2.00 lakhs has been handed over to the O.P.No.2 namely Ekta Agarwal and she has accepted the same in the court. The learned counsel for the petitioner has identified the petitioner namely Awadhesh Goel and the learned counsel for the O.P.No.2 has identified the O.P.No.2 namely Ekta Agarwal.

(3.) In view of the above facts and submission of the learned counsel for the parties and the statement of the petitioner and the O.P.No.2 who are present in the court in person it appears that both have compromised the matter and mutual decree of divorce has already been passed in terms of memorandum of understanding. O.P.No.2 has received the alimony and there is no societal interest involved in this matter and there is no chance of conviction if the case is allowed to proceed and it will amount to abuse of process of Court.