RITESH KUMAR SINGH 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 a prayer to quash the entire criminal proceeding including the F.I.R. being Latehar (Mahila) P.S. Case No.15 of 2022 registered for the offences punishable under Ss. 498A, 34 of the Indian Penal Code and Sec. 3/4 of the Dowry Prohibition Act; which is now pending in the court of learned Chief Judicial Magistrate at Latehar.

(3.) Learned counsel for the petitioner and learned counsel for the opposite party No.2 jointly draw the attention of this Court towards Interlocutory Application No.5525 of 2025 which is supported by the separate affidavits of the petitioner, his Pairvikar and the opposite party No.2/informant and submit that therein it has categorically been mentioned that the petitioner and the opposite party No.2/informant have entered into a joint compromise on the intervention of well-wishers and close relatives, hence in view of the compromise between the parties, the opposite party No.2/informant does not want to proceed with the case. Learned counsel for the petitioner submits that the dispute between the parties is a private dispute and no public policy is involved in this case. Learned counsel for the petitioner hands over the demand draft of Rs.5,00,000.00 drawn in favour of the opposite party No.2/informant through her counsel appearing in the record. Learned counsel for the petitioner further submits that the parties have agreed to dissolve their marriage by filing an application under Sec. 13 B of the Hindu Marriage Act and the opposite party No.2/informant does not have any grievance against the petitioner. Learned counsel for the petitioner next 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 chances of conviction of the petitioner is remote and bleak. Hence, it is submitted that the entire criminal proceeding including the F.I.R. of Latehar (Mahila) P.S. Case No.15 of 2022 which is now pending in the court of learned Chief Judicial Magistrate at Latehar, be quashed and set aside against the petitioner.