SAILESH BHARDWAJ SHARMA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This application has been preferred by the petitioners for quashing the entire criminal proceedings initiated against the petitioners in connection with Complaint Case No. 389 of 1996 including the order dated 5th November, 1996, whereby and whereunder, cognizance has been taken for the offences under sections 406, 420, 498- A and 120-B of the Indian Penal Code as also the order dated 6th August, 2004, whereby and whereunder the application filed on behalf of the complainant (Smt. Mumta Sharma) seeking permission to withdraw the said complaint case has been rejected and all proceedings subsequent thereto in connection with the complainl case aforesaid, now pending in the Court of Shri Santosh Kumar, Judicial Magistrate, Ranchi.

(2.) It is submitted that petitioner No. 1 (Sailesh Bhardwaj Sharma alias Sailesh Bhardwaj) is the husband of the complainant/opposite party No. 2 (Smt. Mumta Sharma). Petitioners Nos. 2 and 3 are the in-laws of the said opposite party No. 2. Because of certain misunderstanding, the aforesaid complaint case being Complaint Case No. 389 of 1996 was filed by the complainant/opposite party No. 2 in the Court of the Chief Judicial Magistrate, Ranchi wherein cognizance was taken vide order dated 5-11 -1996 for the offences under sections 406, 420, 498-A and 120-B of the Indian Penal Code.

(3.) During the pendency of the said case, good sense prevailed between the parties and they compromised the matter outside the Court and a joint compromise petition was preferred by them on 8th April, 2004 in the Court of the Judicial Magistrate, 1st Class, Ranchi. The complainant also filed a petition on 25th June, 2004 to withdraw the said complaint case but it was rejected by the Court below. 3A. Counsel appearing on behalf of opposite party No. 2 submits that the parties have already compromised the matter and for the ends of justice, it will be desirable to close the proceedings as the husband and wife desires to live together.