Jharkhand High Court
Kedar Nath Singh And Ors vs The State Of Jharkhand And Anr on 3 April, 2017
Author: Rongon Mukhopadhyay
Bench: Rongon Mukhopadhyay
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.M.P. No. 2262 of 2015
Abhay Ranjan Singh @ Abhay Ranjan ... ... Petitioner
Versus
The State of Jharkhand ... ... Opposite Party
With
W.P.(Cr.) 630 of 2015
1. Kedar Nath Singh
2. Usha Singh
3. Alpana Singh
4. Abhay Ranjan Singh @ Abhay Ranjan
... ... Petitioners
Versus
1. The State of Jharkhand
2. Nitu Sharma ... ... Respondents
With
Criminal Revision No. 1383 of 2016
Abhay Ranjan Singh @ Abhay Ranjan ... ... Petitioner
Versus
1. The State of Jharkhand
2. Neetu Sharma ... ... Opposite Parties
---
CORAM : HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY
---
For the Petitioner(s) : Mr. Nilesh Kumar, Advocate
For the State :A.P.P. & Mr. Binod Singh, S.C. (L&C)
For the O.P. No. 2 :Mr. Mahesh Tewari, Advocate
(In Cr. Rev. No. 1383 of 2016)
For the Respondent No. 2 :Mr. Manoj Tondon, Advocate
(In W.P.(Cr.) No. 630 of 2015)
Order No. 05 Dated 03rd April, 2017
Heard Mr. Nilesh Kumar, learned counsel appearing for the petitioner(s) in all the cases, Mr. Mahesh Tewari, learned counsel appearing for the opposite party No. 2 in Cr. Rev. No. 1383 of 2016 and Mr. Manoj Tondon, learned counsel appearing for the respondent No. 2 in W.P.(Cr.) No. 630 of 2015.
In W.P.(Cr.) No. 630 of 2015, the petitioner has challenged the entire criminal proceedings in connection with Doranda P.S. Case No. 118 of 2015 (G.R. No. 1112 of 2015) registered for the offences punishable u/s 498A I.P.C. and Sections 3/4 of the Dowry Prohibition Act. In Cr.M.P. No. 2262 of 2015, the petitioner has challenged the order dated 25.08.2015 passed by learned Sub Divisional Judicial Magistrate, Ranchi in connection with Doranda P.S. Case No. 118 of 2015 (G.R. No. 1112 of 2015), whereby proclamation u/s 82 Cr.P.C. has been directed to be issued against the petitioner. In Cr. Rev. No. 1383 of 2016, the petitioner has challenged the order dated 08.09.2016 2. passed by learned Principal Judge, Family Court, Ranchi in Original Maintenance Case No. 67 of 2014, whereby and whereunder, the petitioner has been directed to pay maintenance allowance of Rs. 90,000/- per month as also Rs. 25,000/- as litigation cost.
These matters were taken up in chambers and on account of efforts made by learned counsel for the respective parties, the matter has been compromised between the parties and pursuant to the said compromise a joint compromise petition by way of I.A. No. 2649 of 2017 has been filed. A perusal of the compromise petition reveals that the petitioner (husband) and the informant (wife)/ opposite party No. 2/ respondent No. 2 have decided to restore their conjugal life. The I.A. further reveals that the wife is not inclined to pursue the Doranda P.S. Case No. 118 of 2015 (G.R. No. 1112 of 2015), Domestic Violence Case No. 1386 of 2015 and Maintenance Case No. 67 of 2014.
In view of the understanding between both the parties (the husband and the wife), which is reflected in I.A. No. 2649 of 2017, learned counsel for the petitioner seeks permission to withdraw Cr. Rev. No. 1383 of 2016 with a liberty to the petitioner to bring this order to the notice of the learned Principal Judge, Family Court, Ranchi so that further direction may be passed in view of the settlement arrived at between the parties.
Since the matrimonial ties between Abhay Ranjay @ Abhay Ranjan Singh (Petitioner No. 4 in W.P.(Cr) No. 630 of 2015) and Neetu Sharma (respondent No. 2 in W.P.(Cr) No. 630 of 2015) have been restored, continuation of entire criminal proceeding in connection with Doranda P.S. Case No. 118 of 2015 (G.R. No. 1112 of 2015) as well as the proceedings under the Domestic Violence Act will be act in futility. Accordingly in view of settlement arrived at between the parties, the entire criminal proceedings in connection with Doranda P.S. Case No. 118 of 2015 (G.R. No. 1112 of 2015) registered for the offences punishable u/s 498A I.P.C. and Sections 3/4 of the Dowry Prohibition Act. In Cr.M.P. No. 2262 of 2015, are hereby quashed and set aside.
In view of the quashment of entire criminal proceeding in connection with Doranda P.S. Case No. 118 of 2015, the challenge which has been made in Cr.M.P. No. 2262 of 2015 with respect to quashment of order dated 25.08.2015 passed by learned Sub Divisional 3. Judicial Magistrate, Ranchi in connection with Doranda P.S. Case No. 118 of 2015 (G.R. No. 1112 of 2015), whereby proclamation u/s 82 Cr.P.C. has been directed to be issued against the petitioner, has become redundant.
In view of the aforesaid facts, W.P.(Cr.) No. 630 of 2015 is allowed, Cr. Rev. No. 1383 of 2016 is disposed of as withdrawn with the liberty, as indicated above and Cr.M.P. No. 2262 of 2015 is dismissed as being infructuous. Pending I.A., if any, in all the cases stands disposed of.
MK (Rongon Mukhopadhyay, J)