The court quashed criminal proceedings in a matrimonial case involving Section 498A IPC and Dowry Prohibition Act after finding a dispute resolution compromise between the husband and wife.
Criminal proceeding Chutia P.S. Case No. 247 of 2019 and I.A. No. 584 of 2020 are quashed and set aside.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JHARKHAND AT RANCHI
With I.A. No. 584 of 2020
Amit Kumar Verma @ Amit Verma..…....... Petitioner (s) Versus State of Jharkhand & Anr………… Opp. Party(s)
Coram: Hon’ble Mr. Justice Ananda Sen
…… For the Petitioner : Mr. P.K.Rahul, Advocate For the State : A.P.P.
3/03.02.2020 An interlocutory application being I.A. No. 584 of 2020 has been filed to bring on record the compromise arrived at between the parties.
Learned counsel for the parties submits that in view of the compromise the entire criminal proceeding in connection with Chutia P.S. Case No. 247 of 2019, be quashed.
From the FIR, I find that this is a matrimonial dispute between husband and the wife where cognizance has been taken under Section 498(A) IPC and Sections 3/4 of the Dowry Prohibition Act. The parties have resolved their dispute, which is apparent from the joint compromise petition.
Since the parties have resolved their dispute, in terms of the judgment passed by the Hon’ble Supreme Court in the case of “ B.S.Joshi & Others- versus- State of Haryana & Another, reported in (2003) 4 SCC 675 ” the entire criminal proceeding being Chutia P.S. Case No. 247 of 2019 is hereby quashed and set aside.
This criminal miscellaneous petition stands allowed.
I.A. No. 584 of 2020 also stands allowed.
( Ananda Sen, J )
Mukund/-cp.3
1 issue framed by the court
Whether criminal proceedings under Section 498A IPC and Dowry Prohibition Act be quashed upon resolution of the matrimonial dispute via compromise?
Colour shows how this judgement treated each authority
B.S. Joshi & Others v. State of HaryanaApplied¶9
B.S.Joshi & Others- versus- State of Haryana & Another, reported in (2003) 4 SCC 675 · Who else cites this
2 provisions across 2 enactments
Amit Kumar Verma @ Amit Verma
State of Jharkhand
Ananda Sen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
