Allowed

Shankar Kesh v. the State of Jharkhand

Jharkhand HC10 Jul 2021Cr.M.P./2595/2018

Case brief

AI extract

What is this about?

The National Lok Adalat held virtual proceedings regarding criminal miscellaneous petitions arising from a settled matrimonial dispute involving allegations under Section 498A IPC. The court ruled that since the parties had settled amicably, the pending offence could be compounded, leading to the quashing of impugned orders的前提 of depositing a repayment amount set by the lower court.

What did the court decide?

Impugned orders dated 20.06.2016 were quashed and set aside subject to the deposit of a demand draft of Rs. 5,00,000/- in favor of the complainant-wife within two weeks.

Shankar Kesh Vs the State of Jharkhand — Matrimonial and Divorce | Jharkhand HC (2021)

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AWARD

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BEFORE NATIONAL LOK ADALAT ( Virtual) DATED 10.07.2021 HELD THROUGH VIDEO CONFERENCING AT JHARKHAND HIGH

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COURT, RANCHI.

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(Organized by High Court Legal Services Committee under section 19, Legal Services Authorities Act, 1987 (Central Act).

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Cr. M. P. No. 2595 of 2018

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Petitioners/ Appellants:1. Shankar Kesh 2. Swarn Late Kesh @ Smt. Sharnalata Kesh Vs. Respondents/O.Ps. :- 1. The State of Jharkhand 2. Sumia Chandra With Cr. M. P. No. 3383 of 2019

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Petitioner/ Appellant:Surya Pratim Kesh Vs. Respondents/O.Ps. :- 1. The State of Jharkhand 2. Sumia Chandra

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Present :- -------- Name of Hon’ble Judge:- HON'BLE MR. JUSTICE RAJESH KUMAR Name of Advocate Member :- MR. INDRANIL BHADURI, S. C.-IV

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For the petitioners : Mr. Abhishek Singh, Advocate For the State : Mr. Ashok Kumar, A.P.P Mr. R. R. Ravidas, A.P.P For the O.P No.02 : Mr. Rajesh Kumar Karan, Advocate

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AWARD

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The matters were taken up in National Lok Adalat in virtual mode.

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The dispute between the parties having been referred for mediation to the National Lok Adalat and the parties have compromised/ settled the cases/matters up to the extent of Award.

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It has been submitted by the learned counsel for the parties that it is a matrimonial dispute between the parties. The allegation resulted in initiation of proceeding under Section 498A of the Indian Penal Code against the petitioners. The matter has been settled between the parties, which has been recorded by order dated 17.09.2019, passed by the Division Bench of this Court in First Appeal No.42 of 2018. It has further been submitted by the learned counsel for O.P. No.02/ complainant that the demand draft of Rs.5,00,000/- (Five lakhs) was deposited in the court below, but its validity has expired.

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After hearing the parties, it is evident that no lis is pending between the parties. Although the offence under Section 498A of the I.P.C is noncompoundable as it is a matrimonial dispute. The husband and the wife have settled their dispute amicably, hence the offence can be compounded. The detailed

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order has been passed in F.A. No.42 of 2018 noting down the terms and conditions of compromise between the parties.

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In view of the discussions made hereinabove, the impugned order dated 20.06.2016, passed by the learned Chief Judicial Magistrate, Dhanbad, in C.P. Case No.2714 of 2015, arising out of Complaint Case No.2714 of 2015 is, hereby, quashed and set aside, subject to deposit of demand draft of Rs.5,00,000/- (Five lakhs) drawn in favour of the wife/ O.P. No.02, in the court below, within two weeks from today, which shall be released in favour of O.P. No.02/ the complainant-wife.

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Accordingly, both the criminal miscellaneous petitions, stand disposed off. The parties are informed that the court fee, if any, paid by any of them shall be refunded.

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Sign. of Hon’ble Judge

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Sign. of Advocate Member

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(Seal of the Committee)

Shankar Kesh v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Shankar Kesh v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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