MIRISCH DAMANI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS application has been filed under section 482 of the Code of Criminal Procedure for quashing the entire criminal proceedings of complaint case bearing P.C.R. No. 288 of 2003 filed in the Court of Chief Judicial Magistrate, Deoghar but subsequently transferred to the Court of Chief Judicial Magistrate, Ranchi under the order of the Hon'ble Supreme Court and has been re -numbered as C -1140 of 2004 and also for quashing of the order. dated 27.9.2003 whereby and whereunder cognizance of the offences under sections 493/ 420/495/406 of the Indian Penal Code has been taken against the petitioner.

(2.) WHEN the matter was heard on the point of admission, notice was issued to opposite party no. 2. On her appearance, when it was communicated to the court that there is every likelihood of matrimonial dispute being settled, the matter was referred before the conciliator so that the conciliator may take effort for bringing amicable settlement in between the parties and there they were able to settle their disputes by coming to certain terms which were reduced in writing and was filed before the conciliator and the said document has also been brought on the record by filing supplementary affidavit wherein it has been stated that the petitioner has agreed to pay a sum of Rs.38,00,000/ - through demand drafts to opposite party no. 2 towards full and final settlement subject to condition that all the cases pending in the court of Nasik and also at Ranchi shall be withdrawn and thereby the opposite party no. 2 will not claim any right, title or interest over the properties or the estate of the petitioner and that personal belongings of opposite party no. 2 lying in the house of the petitioner at Nasik would be handed over to her or her representative by the petitioner.

(3.) LEARNED counsel appearing for the petitioner submits that though the instant case has not arisen out of a complaint instituted for an offence under section 498A of the Indian Penal Code but dispute is as such that it assumes characteristics of matrimonial dispute and therefore, it woukJ be desirable that entire criminal proceeding be quashed keeping in view the ratio laid down in a case of B.S. Joshi and Others vs. State of Haryana and Another, (2003) 4 SCC 675 as the parties have settled their disputes amicably.