SHANTI PATHAK Vs. STATE OF JHARKHAND

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 and set aside the order dtd. 20/12/2021 passed in Complaint Case No. 2542 of 2018 whereby and where under, the learned Judicial Magistrate 1st Class, Dhanbad has found prima facie case for the offence punishable under Ss. 323 and 504 of Indian Penal Code.

(3.) Learned counsel for the petitioner and the learned counsel for the opposite party no.2 jointly drawing attention of this Court to the Interlocutory Application No.10265 of 2024 which is supported by separate affidavit of the petitioner and the opposite party no. 2 submits that therein it has been mentioned that the parties have settled their dispute hence, the parties do not want to proceed with the case. It is next jointly submitted by the learned counsel for the petitioner and the learned counsel for the opposite party no.2 that the petitioner is the daughter-in-law of the opposite party no.2 and the petitioner and the son of the opposite party no.2 have filed petition for dissolution of their marriage by mutual consent vide H.M.A No. 1330 of 2022 in the Family Court, South, Saket, New Delhi. It is further jointly submitted by the learned counsel for the petitioner and the learned counsel for the opposite party no.2 that the because of the settlement between the parties, the opposite party no.2-complainant is not ready and willing to continue with the prosecution of the petitioner. It is next jointly submitted by the learned counsel for the petitioner 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 then jointly submitted by the learned counsel for the petitioner and the learned counsel for the opposite party no.2 that in view of the compromise entered into between the parties, the chances of conviction of the petitioner is remote and bleak and therefore, the continuation of criminal proceeding would amount to abuse of process of law. Hence, it is submitted that the order dtd. 20/12/2021 passed by the learned Judicial Magistrate 1st Class, Dhanbad in Complaint Case No. 2542 of 2018 be quashed and set aside.