NILANJAN GUHA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Vijay Kant Dubey, learned counsel appearing for the petitioners and Mr. Shekhar Sinha, learned A.P.P. for the State as well as Ms. Rashmi Kumari, learned counsel for the opposite party no. 2.

(2.) In this application, petitioners have prayed for quashing of the entire criminal proceedings in connection with Complaint Case No. 261 of 2012, including the order dated 03.04.2013 passed by the learned Chief Judicial Magistrate, Koderma whereby and where under cognizance has been taken for the offences punishable u/s 498A of the Indian Penal Code and Section 3/4 of the D.P. Act.

(3.) It has been submitted by the learned counsel for the petitioners that the matter has been compromised between the parties and pursuant to the compromise an application u/s 13 (B) of the Hindu Marriage Act was filed before the learned Principal Judge, Family court, Koderma which was allowed vide judgment dated 18.05.2016. It has been submitted by the learned counsel for the petitioners that the Maintenance Case preferred by the opposite party no. 2 was also dismissed for non-prosecution. It has also been submitted that perhaps the opposite party no. 2 has solemnized another marriage and in view of the compromise between the parties continuation of the criminal proceedings as against the petitioners would be an abuse of the process of Court.