ANIL GUPTA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This application has been filed for quashing of the entire criminal proceeding of Sidgora P.S. Case No. 72 of 2012 including the order dated 15.5.2013 whereby and whereunder cognizance of the offence punishable under Section 498-A of the Indian Penal Code and also under Section 3/4 of the Dowry Prohibition Act has been taken against the petitioners on the ground that matrimonial dispute has been resolved and thereby the parties have entered into a compromise and a joint compromise petition has been filed. It appears that a case was lodged by the opposite party No. 2 alleging therein that she was subjected to torture on account of non-fulfillment of demand of dowry and the said case was registered as Sidgora P.S. Case No. 72 of 2012. After investigation when charge-sheet was submitted, the court took cognizance of the offences as aforesaid, vide order dated 15.5.2013 which order now is being sought to be quashed on the ground that matrimonial dispute has been resolved.

(2.) In the event, when matrimonial dispute has been resolved which fact has been admitted by the opposite party No. 2 also, no useful purpose would be served by allowing the petitioners to face rigour of the trial, 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 JLJR 421

(3.) Accordingly, entire criminal proceeding of Sidgora P.S. Case No. 72 of 2012 including the order dated 15.5.2013 taking cognizance is hereby quashed so far the petitioners are concerned. In the result, this application stands allowed.