Opposite Parties v. With Cr. Revision No
Case Details
IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Revision No. 150 of 2019 ------ 1. Shashi Bhushan Rajwar @ Shashi Bhusan Rajwar 2. Kunia Devi @ Kuniya Devi 3. Rupuwala @ Budhani @ Rupa Bala 4. Bhagirath Rajwar 5. Dhaneshwar Rajwar @ Dhaneshwar Kumar Rajwar … ... Petitioners 1. The State of Jharkhand 2. Krishna Kumari … … Opposite Parties Versus With Cr. Revision No. 706 of 2019 ------ Sunil Kumar Rajwar .... ... Petitioner Versus 1. The State of Jharkhand 2. Krishna Kumari … … Opposite Parties -----
Legal Reasoning
CORAM: HON’BLE MR. JUSTICE NAVNEET KUMAR For the Petitioners For the State For O.P. No. 2 -------- : Mr. Rohan Mazumdar, Advocate : Mr. Abhay Kumar Tiwari, A.P.P. : Mr. Manoj Kumar Mishra, A.P.P. : Mr. Bhaibhaw Gahlaut, Advocate -------- Order No. 12 / Dated: 1st February, 2024 Heard learned counsel for the petitioners in both the aforesaid Criminal Revisions and learned counsel for the State in their respective cases as also learned counsel appearing on behalf of opposite party No. 2. 2. Both the Criminal Revision applications are arising out of the same Complaint Case No. 25 of 2017 where summoning order was passed against the petitioners of both the Criminal Revision applications and therefore, they are taken up together with the consent of both the parties and disposed of by this common order. 3. It is jointly submitted on behalf of both the parties, in both the Criminal Revisions that the Criminal Revisions No. 150 of 2019 has been filed against the order dated 21.01.2019 passed by Learned Additional Sessions Judge-II, F.T.C., Bokaro in Misc. Criminal Appeal No. 394 of 2018 (in connection with S.T. No. 311 of 2018) and the Criminal Revisions No. 706 of 2019 had been filed against the order dated 27.05.2019 passed by Learned Additional Sessions Judge-II, F.T.C., Bokaro in Misc. Criminal Cr. Revision No. 150 of 2019 With Cr. Revision No. 706 of 2019 -2- Appeal No. 220 of 2019 (in connection with S.T. No. 111 of 2019) whereby and whereunder Learned Additional Sessions Judge-II, F.T.C., Bokaro has dismissed the petition filed under section 227 of the Cr.P.C. 4. It has been pointed out that the orders challenged in both the Criminal Revision Applications were for discharge of the petitioners against whom the prima-facie case was found for the offence punishable under Sections 498-A, 323, 313 and 34 of the Indian Penal Code passed by the learned Court below vide Summoning order dated 23.11.2017 passed in Complaint Case No. 25 of 2017. 5. It has been submitted on behalf of both the parties including the husband and his family members and the wife (opposite party No. 2) that during the pendency of these Criminal Revision Applications the matter was sent for mediation to Mediation Centre, JHALSA for the amicable settlement of the dispute between the parties through the process of mediation taking into consideration that it is a matrimonial dispute between them. 6. It has further been submitted that in the Mediation Centre both the parties inter-alia including the husband and the wife have settled their dispute once and for all and they have decided to live together and accordingly the settlement agreement has been prepared between both the parties vide settlement agreement dated 16.01.2024 7. It appears from the record that a letter has been received from the Mediation Centre, JHALSA from the Mediator Mr. Arun Kumar Ray, annexing therein the settlement agreement dated 16.01.2024 as Mediation Report where it is found that both the parties have agreed to live together peacefully and harmoniously and all the pending cases between them would be disposed of in terms of the said settlement agreement dated 16.01.2024 arrive at between the parties. 8. For the sake of convenience, the copy of the settlement agreement of the mediation report is reproduced herein below- “Cr. Revision No. 706 of 2010 Sunil Kumar Rajwar … … Petitioner Vs. 1. The State of Jharkhand 2. Krishna Kumari … … Opposite Parties Cr. Revision No. 150 of 2019 With Cr. Revision No. 706 of 2019 -3- Mediation Report In Compliance of order No. 03 dated 04.12.2023 passed in the above-mentioned case by Hon’ble High Court of Jharkhand, both the parties appeared before the Mediation Centre at JHALSA firstly on 27.12.2023 and thereafter on different dates for attending the Mediation process. In brief, the petitioner (Sunil Kumar Rajwar) got married with opposite party No. 2 (Krishna Kumari) on 29th Jan. 2016 at Ranchi according to their rites and customs. Consequently, both the parties blessed with a baby child who is currently 3 years old (approx.) according to them. Currently, both the parties are living together with their baby child in the house of the petitioner situated at Ranchi whereby the petitioner is posted as Dy.S.P. in the State of Jharkhand but the fact is that they are not enjoying matrimonial relationship and living separately in the same house like a stranger. In fact, the parties due the dispute arose between to misunderstanding / egoistic approach as also due to uncalled for involvement of their in-laws and unfortunately opposite party No. 2 despite living in the house of husband (petitioner) is not able to avail the fruits of married life. However, during course of Mediation process, the grievances of both the parties were properly heard in a Joint Session on different dates. Consequently, having been consented by the parties and regard being had to the process of Mediation sufficient opportunity was given to the parties to share feelings of each other by sharing a common room in the house so as to pave the way to resolve the on-going issues between themselves amicably. Resultantly, after the efforts made by the undersigned as a Mediator, both the parties after due deliberation agreed for amicable settlement on the following terms and conditions: - (i) That both the parties agreed to accept the proposals of each other concerning the on-going disputes and as also parties agreed to forget and forgive the post errors and further states that now they have no grievance against each other. (ii) That both the parties hereto confirm and declared that they have voluntarily and one of their free will have settled their dis- putes in presence of the Mediator and their family members. (iii) That the opposite party No. 2 wife Krishna Kumari is ready to live with her husband and in-laws at their house with all cooperation from her side and at the same time she seeks Co-operation and sup- port of her husband for peaceful and dignified living in the house of husband without and further ill treatment . She further states that she has suffered a lot mental torture while living with her husband. Cr. Revision No. 150 of 2019 With Cr. Revision No. 706 of 2019 -4- As such, she states that henceforth there should not be any ill treatment and torture from the side of husband and further needs all protection and security while living with husband-petitioner. The opposite party No.2 further seeks confidence of her husband with a hope that in future petitioner husband should be loyal only to his wife not anyone else. Further, opposite party No. 2 states that her husband should not maintain any further relation with other lady save and except herself. The husband petitioner wilfully agrees upon the aforesaid proposals of wife and assures that in future he will not give any occasion to raise any complain by his wife and will take all possible care of opposite party No.2 including the baby child. The husband assures to forget and forgive all past errors that caused harm to the matrimonial life. (iv) That the petitioner husband states that his wife should take care of all domestic affairs which is expected from a wife towards the family. The wife Krishna Kumari wilfully agreed to the aforesaid proposal of the petitioner husband (Sunil Kumar Rajwar). (v) That the petitioner Sunil Kumar Rajwar wished to offer to his wife Krishna Kumari, the below mentioned- as a gift: - (a) S.I.P. worth Rs.3,000/- P.M. in favour of Krishna Kumari. The S.I.P. would be of a long terms more than 10 years. (b) Jewellery worth Rs. Two lacs (2 lakhs). (c) A flat in the name of wife Krishna Kumari when the financial position of the petitioner permits to do so - as early as possible. (d) The petitioner husband is ready to make it sure that he will not hesitate to permit her wife for the visit of her parental house. (e) Both the parties shall pay respects to their parents without any constraints. (f) The petitioner husband is ready to pay Rs.5,000/- (five thou- sand) per month as pocket money to his wife. The aforesaid amount will be paid at the end of every month positively. (vi) That according to the parties, the following cases are stated to be pending between themselves in the court of law: - (a) Complaint case No. 25/2017 C.J.M., Bokaro (b) Misc. Criminal Appeal No. 394/2018 (S.T. No. 311 of 2018). (c) A.B.A. No. 2402 of 2018 (High Court). Cr. Revision No. 150 of 2019 With Cr. Revision No. 706 of 2019 -5- Apart, Cr. Revision No. 706/2019 which is currently pending before Hon’ble High Court of Jharkhand at Ranchi. (vii) That both the parties agreed that all pending aforesaid cases whether specifically mentioned or not between the parties or their family mem- bers herein shall be withdrawn on the basis of their “Agreement of Settlement.” Consequently, the cases between the parties stand infructuous. (viii) That both the parties agreed here not to initiate any further litigation against each other in future also, arising out of the present dispute and at the same time also agree not to pursue the pending cases be- fore the court of law and withdrawn the cases forthwith in the light of the above agreed terms and conditions so as to restore peace and harmony between themselves. (ix) That both the parties declared that this full and final settlement is entered into by their free will and both parties shall abide by the terms and conditions of their agreement. (x) That opposite party No. 2 will-fully agree not to file any case against the petitioner and vice-versa the petitioner agreed upon the said proposal. (xi) That both the parties agreed to co-operate each other in all respect and do all the acts required to give effect to the terms and conditions of their “Agreement of Settlement.” (xii) That by signing this settlement the parties hereto solemnly state and affirm that they have no further disputes with each other whatsoever and all this disputes and differences amicably settled by and between the parties through the process of Mediation. (xiii) The contents of this “Agreement of settlement” have been read out to the parties in Hindi and after being fully satisfied, they have put their signature in presence of the Mediator. Hence the Mediation is successful This Agreement is signed on 16th of January, 2024” 9. From the terms and conditions as set out in the aforesaid settlement agreement dated 16.01.2024from both the parties it is found that they have resolved their dispute for good and they have decided to live together with the terms and conditions as set out in the aforesaid settlement agreement which is part of this order. Cr. Revision No. 150 of 2019 With Cr. Revision No. 706 of 2019 -6- 10. In view of the aforesaid settlement agreement both the learned counsels appearing on behalf of both the parties have categorically submitted
Decision
that let both the Criminal Revisions be disposed of in terms of the settlement agreement arrived at between both the parties as they have agreed to withdraw all the cases. 11. Learned A.P.P. appearing on behalf of the State does not raise any objection and submitted that if both the parties have settled their dispute amicably taking into consideration that it is a matrimonial dispute between the parties inter-alia under Section 498-A,323,313/34 of the Indian Penal Code these Criminal Revision applications may be allowed in view of the fact that both (the husband and wife) have restored their conjugal life amicably and have promised to lead a very harmonious and happy married life. 12. Having taking into consideration the aforesaid facts and circumstances of this case and in view of the submission advanced on behalf of the parties and further taking into consideration that both the parties have settled their dispute amicably by the settlement agreement dated 16.01.2024 as evident from the mediation report sent by the Mediation Centre, JHALSA, it is found just and proper to allow both the aforesaid Criminal Revisions Applications by setting aside the impugned order dated 21.01.2019 of Criminal Revision No. 150 of 2019 and impugned order date 27.05.2019 of Criminal Revision No. 706 of 2019 by discharging the petitioners of both the Criminal Revision Applications. 13. In view of the aforesaid facts and circumstances both the aforesaid Criminal Revisions are allowed and the impugned order dated 21.01.2019 of Criminal Revision No. 150 of 2019 and impugned order date 27.05.2019 of Criminal Revision No. 706 of 2019 are set aside and all the petitioners are discharged from the liabilities of criminal charges. D.S./J.Minj (Navneet Kumar, J.)