Quashed

Aditya Goel v. the State of Jharkhand

Jharkhand HC2 May 2019Cr.M.P./409/2019

Case brief

AI extract

What is this about?

The High Court of Jharkhand quashed criminal proceedings in Bank More P.S. Case No.227 of 2018 upon an amicable settlement between parties and their filing for mutual consent divorce. The court noted insufficient medical evidence for allegations under Section 377 IPC.

What did the court decide?

The entire criminal proceedings in connection with Bank More P.S. Case No.227 of 2018 pending before the Chief Judicial Magistrate, Dhanbad were quashed.

Aditya Goel Vs the State of Jharkhand — Dowry and Cruelty | Jharkhand HC (2019)

¶1

- 1 -

¶2

IN THE HIGH COURT OF JHARKHAND AT RANCHI I.A. No.4172 of 2019

¶3

¶4

Cr. M.P. No.409 of 2019

¶5

1. Aditya Goel

¶6

2. Surendra Kumar Goyal @ Surendra Goyal

¶7

3. Premlata Goel

¶8

4. Deepak Goel

¶9

5. Barkha Goel 6. Kailash Agarwal ….. Petitioners

¶10

Versus

¶11

1. The State of Jharkhand 2. Khushboo Agarwal ….. Opp. Parties

¶12

CORAM: HON'BLE MR. JUSTICE AMITAV K. GUPTA

¶13

For the Petitioners : Mrs. Jasvindar Mazumdar, Advocate Mr. Nishant Kumar Roy, Advocate For the State : Mrs. Niki Sinha, A.P.P For the O.P. No.02 : Mr. Raunak Sahay, Advocate

¶14

02/Dated: 2nd May, 2019

¶15

1. The I.A. No.4172 of 2019 is the joint compromise filed by both the parties.

¶16

2. Learned counsel for the petitioner has submitted that on the intervention of well wishers, friends and relatives, both the parties have amicably settled the matter. That O.P. No.02 has received the articles and amount of Rs.20,00,000/and the remaining amount of Rs.10,00,000/- shall be paid by the petitioner No.01 when the second motion is moved, in the petition filed under Section 13B of the Hindu Marriage Act, before the court of Principal Judge, Family Court, Dhanbad.

¶17

3. Learned counsel for O.P. No.02 has submitted that O.P. No.02 was not medically examined and there is no medical report to support the allegation under Section 377 of the Indian Penal Code. It is submitted that in view of the amicable settlement and compromise, O.P. No.02 does not want to proceed further with the prosecution of the case.

¶18

4. Heard. Bank More P.S. Case No.227 of 2018 was registered for the offence under Section 377, 498A, 379, 34 of the Indian Penal Code and 3/ 4 of the Dowry Prohibition Act. The offence under Section 377 I.P.C is noncompoundable, however it is admitted by the learned counsel

¶19

- 2 -

¶20

for O.P. No.02 and the learned A.P.P that no medical examination or injury report had been produced to substantiate the allegation of the offence under Section 377 I.P.C. It transpires that there is no material on record to substantiate the allegation to constitute the offence under Section 377 I.P.C. Now, since both the parties have amicably settled the dispute and have also filed the petition under Section 13B of the Hindu Marriage Act for divorce on mutual consent, therefore, taking into account that O.P. No.02 does not want to proceed further with the prosecution of the case, consequently continuance of proceeding further in connection with Bank More P.S. Case No.227 of 2018 will be an exercise in futility resulting in wastage of time and an abuse of the process of Court. Thus, for the ends of justice, the compromise is accepted. Accordingly, the entire criminal proceedings in connection with Bank More P.S. Case No.227 of 2018, pending in the court of learned Chief Judicial Magistrate, Dhanbad is, hereby quashed, in view of the compromise.

¶21

5. The criminal miscellaneous petition and I.A. No.4172 of 2019 stand allowed.

¶22

(AMITAV K. GUPTA, J.)

¶23

Chandan /-

Aditya Goel v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Aditya Goel v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Awadhesh Kumar Pandey Vs State Of Jharkhand And Anr.

Sekhar Singh Vs the State of Jharkhand

Shailendra Kumar Singh Vs the State of Jharkhand

Rakesh Ranjan Srivastava Vs the State of Jharkhand

Mukesh Shaw Alias Mukesh Saw Vs the State of Jharkhand

Kamaljeet Singh Alias Billa Vs the State of Jharkhand