ABHAY KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties. Though the notice was validly served upon the opp. party no. 2 but no one turns up on behalf of the opp. party no. 2 in spite of repeated calls.

(2.) This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Sec. 482 of the Code of Criminal Procedure with a prayer to quash the entire criminal proceeding in connection with Ranchi Mahila P.S. case no. 15 of 2023 registered for the offence punishable under Sec. 498A, 341, 323, 494, 34 of the IPC.

(3.) Learned counsel for the petitioner submits that the informant being the wife of the petitioner no. 1, instituted this case, suppressing the material facts that for the same set of allegations, she filed Jehanabad Mahila P.S. case no. 26 of 2021 registered for the offence punishable under Sec. 341, 323, 498A, 379, 34 IPC in which, after investigation of the case, the police found the allegations to be not true and submitted the Final Form on 22/3/2022. It is next submitted that no new discovery is made on factual foundation. It is then submitted that the petitioner no. 1 has filed the matrimonial suit being O.S. No. 727 of 2019 in the Family Court, Ranchi for dissolution of his marriage with the opp. party no. 2-informant.