MD. YUSHUPH 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. 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 with the prayer to quash the entire criminal proceeding including the order taking cognizance dtd. 11/8/2022, passed by the learned Judicial Magistrate 1st Class -XXIV, Ranchi in connection with Complaint Case No. 6268 of 2019 in which the learned Judicial Magistrate 1st Class -XXIV, Ranchi has found prima facie case for the offences punishable under Sec. 498A/34 of the Indian Penal Code and under Sec. 3/4 of the Dowry Prohibition Act.

(3.) The 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.13160 of 2025, which is supported by the separate affidavits of all the five petitioners and the complainant-opposite party no.2, submits that therein it has categorically been mentioned that the matter has been compromised between the parties and in view of the compromise between the parties, the complainant does not want to proceed with the case. The learned counsel for the petitioners submits that in view of the compromise between the parties, the continuation of this criminal proceeding will amount to abuse of process of law, as in view of the compromise, the chance of conviction of the petitioner is remote and bleak. It is next submitted that the dispute between the parties is basically a private dispute relating to marital discord. Hence, it is submitted that the prayer as prayed for by the petitioners in this criminal miscellaneous petition be allowed.