SOMA YADAV Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD learned counsel appearing for the petitioners and learned counsel appearing for the Informant as well as learned counsel appearing for the State. The order dated 9 -10 -2010 passed in Koderma (Telaiya) P.S. Case No. 80 of 2010 (G.R. No. 125 of 2010) by learned Chief Judicial Magistrate, Koderma whereby and whereunder cognizance of the offences punishable under Sections 498A, 323, 307, 379, IPC and Sections 3/4 of the Dowry Prohibition Act, was initially challenged on the ground that since the final form has been submitted by the Police against these petitioners for the offences which included offence triable by the Sessions Court, the Magistrate does not have power to take cognizance of the offence triable by the Court of Sessions, but now the petitioners have given up this point. Instead of that, the order taking cognizance dated 9 -10 -2010 is being sought to be quashed on the ground that the parties have resolved their matrimonial dispute and have entered into a compromise and a joint compromise petition to this effect has also been filed on behalf of the parties.

(2.) LEARNED counsel appearing for the Opposite party No. 2 also admits that the parties got their matrimonial dispute resolved.

(3.) IT has been further alleged that on account of non -fulfillment of the demand of dowry, the accused persons even tried to kill her by sprinkling Kerosene oil and one occasion, the mother -in -law even tried to kill her by strangulating her neck.