RAJIV KUMAR JHA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE entire criminal proceeding of Sector IV P.S case no.107 of 2010 (G.R.No.1093 of 2010) including the order dated 15.2.2011 under which cognizance of the offences punishable under Section 498A/34 of the Indian Penal Code and also under Section 3/ 4 of the Dowry Prohibition Act has been taken is being sought to be quashed on the ground that the parties have resolved their matrimonial dispute.

(2.) MR .S. Thakur, learned counsel appearing for the petitioners submits that after the case was instituted, good sense prevailed upon the parties and thereby they resolved their matrimonial dispute and as per the terms of the compromise, when a petition for mutual divorce was filed before the competent court, decree for divorce was granted and that in this case also a joint compromise petition has been filed and therefore, in view of the decision rendered in a case of B.S.Joshi and others vs. State of Haryana and another [(2003) 4 SCC 675] and also in a case of Shiji @ Pappu and others vs.Radhika and another [(2011) 4 J.L.J.R (SC) 421] entire criminal proceeding including the order taking cognizance is fit to be quashed.

(3.) IN this regard, case of B.S.Joshi and others vs. State of Haryana and another [(2003)4 SCC 675] be referred to wherein it has been observed as hereunder.