SIKANDAR SWARNKAR Vs. MANISHA MEHRA

JUDGEMENT

(1.) Heard the parties.

(2.) This criminal miscellaneous petition has been filed invoking the jurisdiction of this Court under Sec. 482 Cr.P.C. with a prayer to quash the order taking cognizance dtd. 8/6/2023 passed by the learned Judicial Magistrate 1st Class, Giridih in C. Case No. 1820 of 2022 whereby and where under, the learned Judicial Magistrate 1st Class, Giridih has found prima facie case for the offences punishable under Sec. 498A, 323 and 504 of Indian Penal Code and under Sec. 4 of Dowry Prohibition Act against the petitioners.

(3.) Learned counsel for the petitioners and the learned counsel for the opposite party no.2 jointly drawing attention of this Court to the Interlocutory Application No.10746 of 2024 which is supported by separate affidavits of the petitioners and the opposite party no. 2 submits that therein it has been mentioned that the dispute between the parties have already been settled outside the court and the complainant does not want to proceed with the case. It is next jointly submitted by the learned counsel for the petitioners and the learned counsel for the opposite party no.2 that the petitioner no.1 and the opposite party no.2 are now leading a happy conjugal life. It is further jointly submitted by the learned counsel for the petitioners and the learned counsel for the opposite party no.2 that the dispute between the parties is a private dispute and no public policy is involved in this case. It is next jointly submitted by the learned counsel for the petitioners and the learned counsel for the opposite party no.2 that as compromise has been entered into between the parties, the chances of conviction of the petitioners are remote and bleak. Hence, it is submitted that the order taking cognizance dtd. 8/6/2023 passed by the learned Judicial Magistrate 1st Class, Giridih in C. Case No. 1820 of 2022 be quashed and set aside.