Khusbu Kumari v. With
Case Details
IN THE HIGH COURT OF JHARKHAND AT RANCHI 1 Cr.M.P. No. 2333 of 2020 ------ Akarsh Kumar Lohani … ... Petitioner 1. The State of Jharkhand 2. Khusbu Kumari Versus With … … Opposite Parties Cr.M.P. No. 2345 of 2020 ------ 1. Rajiv Kumar Ram @ Rajib Kumar Ram 2. Pratibha Devi 3. Risabh Kumar Lohani @ Rishav Lohani 1. The State of Jharkhand 2. Khusbu Kumari … ... Petitioners … … Opposite Parties Versus --------
Legal Reasoning
abuse of the process of law and it is well settled principle of law that even if the offence under Section 498-A of the Indian Penal Code is non-compoundable in nature but taking into consideration that it is a matrimonial dispute which has been resolved once and for all between both the parties amicably by the process of mediation in the mediation Centre at JHALSA at Ranchi, the impugned order under which the summoning order was issued for the offence punishable under Section
Arguments
CORAM: HON’BLE MR. JUSTICE NAVNEET KUMAR For the Petitioners For the State For O.P. No. 2 -------- : Mr. Vikas Pandey, Advocate : Mr. Sardhu Mahto, A.P.P. : Mr. Santosh Kr. Shukla, A.P.P. : Mr. Ram Lakhan Yadav, Advocate -------- Order No. 09 / Dated: 9th February, 2023 I.A. No. 2606 of 2021 & I.A. No. 2069 of 2022 Heard the learned counsel for the petitioners and the learned counsel for opposite party No. 2, in both the aforesaid Cr.M.Ps. and the learned counsel for the State in their respective cases. It is submitted by the learned counsel appearing on behalf of the petitioners and learned counsel appearing on behalf of opposite party No. 2 in both the aforesaid Cr.M.Ps. that pursuant to the order dated 03.11.2022, the matter was referred to the Mediation Centre, Jharkhand State Legal Services Authority, Ranchi for resolution of the dispute between the parties through amicable settlement by the process of mediation. Further it is submitted that the matter has been resolved amicably between both the parties at the Mediation Centre, Jharkhand State Legal Services Authority, Ranchi and the grievances of both the parties have been resolved once and for all 2 through the terms and compromise of settlement arrived at between the parties in the process of mediation which have been set out in the settlement agreement formulated between the parties on 22.12.2022 at the Mediation Centre, Jharkhand State Legal Services Authority, Ranchi. The report has also been received from the Mediator of the Mediation Centre, Jharkhand State Legal Services Authority, Ranchi where inter alia the terms and conditions as set out for the settlement of the dispute arrived at between both the parties are as under: (1) Mr. Akarsh Kumar Lohani will pay Ms. Khusbhu Kumari a sum of Rs.32,00,000/- Lakhs ( Rupees Thirty two Lakhs only), as earlier agreed upon in two phases- (i) Rs.15,00,000/- Lakhs already paid on 22.04.2022 vide Bank DD No.028574 dated 19.04.2022. (ii) Rs.17,00,000/- Lakhs to be paid on the date of filing Divorce Petition with mutual consent (to be read with para-(4) mentioned below), Acknowledgement receipt to be enclosed with Mutual Divorce Petition. (2) Ornaments given to the bride Ms. Khusbu Kumari by the groom’s side at the time of marriage to be handed over to Ms. Khusbu Kumari- already handed over on 21.06.2022 to the satisfaction of Ms. Khusbu Kumari. The same was handed over to Ms. Khusbu prior to filing the Joint Compromise at the court, as mentioned in the Compromise dated 22.04.2022, with mutual consent. (3) Both the parties agreed to withdraw/go for quashing all the cases filed against each other as well as the family members in the matter at different Courts after payment of agreed upon settled amount in totality, including- (i) Maintenance Case No. 145/2019 at Family Court, Giridih filed by Ms. Khusbu Kumari- Already withdrawn (ii) CP Case No. 36/2021 at Keonjhar Civil court for Divorce of marriage by Mr. Akarsh Kumar Lohani (iii) Tr. Petition (Civil) No. 978/2021 at the Hon’ble Supreme court of India for transfer of case filed by Ms. Khusbu Kumari-Already withdrawn. (iv) Complaint Case No. 909/2019 at CJM Court Giridih- Quashing already filed at High Court, Jharkhand. (4) Both the parties agreed to file Divorce petition with mutual consent at proper forum i.e. Family Court, Giridih on 05.01.2023. Draft of the petition has been approved on date by both the parties (Draft copy enclosed. (5) Both the parties having agreed upon the full and final settlement inclusive of alimony, compensation and maintenance, also agreed not to make any claim/counterclaim financially or otherwise in the matter in future against each other. It is jointly submitted that the entire terms and conditions have been complied by the respective parties and a mutual divorce petition has also been filed before the Family Court, Giridih on 05.01.2023 which is also likely to be disposed 3 of in due course of time by the decree of dissolution of marriage and therefore, there is no grievance between both the parties and accordingly it is jointly prayed that let both the Cr.M.Ps. be allowed by quashing the entire criminal proceeding which arose in the wake of Complaint Case No. 909 of 2019 against all the petitioners, including the husband and the members of the in-laws family. Having taken into consideration the aforesaid facts and the submission advanced on behalf of both the parties, it is found that it is just and fair to allow this petition on the basis of compromise and settlement arrived at between the parties and there is no point to keep the matter pending when the matrimonial dispute prevailing between both the parties have been resolved amicably once and for all. In the backdrop of this case and for the ends of justice it is manifest that the continuation of the proceeding of the Complaint Case No. 909 of 2019 would be an
Decision
498A/34 vide order dated 14.11.2019 in Complaint Case No. 909 of 2019, is set aside against all the petitioners of both the aforesaid Cr.M.Ps. In the result both the aforesaid Cr.M.Ps. are allowed. Consequently, the pending Interlocutory Applications being I.A. No. 2606 of 2021 & I.A. No. 2069 of 2022 also gets disposed of accordingly. J.Minj (Navneet Kumar, J.)