SHATRUNJAY SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) :.This is an application for quashing the entire criminal proceeding in connection with P.C.R. Case No. 223 of 2004, corresponding to T.R. No. 727 of 2004, including the order dated 13.07.2004 passed by learned Sub Divisional Judicial Magistrate, Dumka whereby and whereunder he took cognizance of the offence against the petitioner under Section 406 of the I.P.C. and 3/4 of the Dowry Prohibition Act.

(2.) IT is submitted by learned counsel for the petitioner that the parties have compromised their case outside the court and a joint compromise petition has been filed in this court vide I.A. No. 1375 of 2009. It is submitted that this is purely a private dispute between petitioner and opposite party no. 2 and no public policy involved in it. It is further submitted that as per the decision of Honble Supreme Court, reported in (2008) 4 SCC 582, it is in the interest of justice that the criminal proceeding be quashed in view of compromise between the parties specially when no public policy involve.

(3.) HAVING heard the submission, I have gone through the record of the case. It appears that a complaint petition has been filed in the court below alleging that the petitioner took Rs. 2, 50, 000/ -and some ornaments of gold on the assurance that he will marry his son Piyush Anand with the grand daughter of opposite party no. 2. But later on he refused to solemnized the marriage and misappropriated the aforesaid Rs. 2, 50, 000/ -and said ornaments. It appears that the learned Sub Divisional Judicial Magistrate after going through the statements of complainant and witnesses came to the conclusion that prima facie offence under Section 406 and 3/4 of the Dowry Prohibition Act is made out against the petitioner. Accordingly, the learned court below directed for issuance of process against the accused. In the present application, theaforesaid order has been challenged.