Allowed

Jawed Ashraf And Ors. v. The State Of Jharkhand And Anr.

Jharkhand HC2 Nov 2023Cr.M.P./69/2018

Case brief

AI extract

What is this about?

This is a criminal miscellaneous petition filed to quash criminal proceedings registered under Sections 498A, 406, 120B, and 34 of IPC. The petitioner husband and his in-laws moved this High Court relying on a joint compromise petition and divorce confirmation between the spouses. The Court allowed the petition and quashed the proceedings against the petitioners.

What did the court decide?

Quashing of the entire criminal proceeding arising from Complaint Case No. 882 of 2013 (Patratu P.S. Case No. 270 of 2013, G.R. No. 3983 of 2013) so far as the petitioners are concerned.

Jawed Ashraf And Ors. Vs The State Of Jharkhand… — Matrimonial and Divorce | Jharkhand HC (2023)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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Cr. M. P. No. 69 of 2018

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Jawed Ashraf

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Jahangir Ashraf

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Junaid Ashraf @ Junaida Ashraf

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Smt. Kashmira Khatoo @ Mehrun Nisha

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Asma Khatoon @ Asama Begam

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Shahida Ashraf @ Sahida Ashraf … …. Petitioners

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Versus

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The State of Jharkhand

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Salma Khatoon @ Salama Khatoon … …. Opp. Parties

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CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY

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----For the Petitioners : M/s Afaque Rashidi & Aalia Begum, Advocates For the State : Mr. Shailesh Kr. Sinha, A.P.P. For the O.P. No. 2 : Md. Imtiaz Khan, Advocate

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Oral Order

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05 / Dated : 02.11.2023

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The instant criminal misc. petition has been filed for quashing the entire criminal proceeding arising from Complaint Case No. 882 of 2013 corresponding to Patratu (Barkakana) P.S. Case No. 270 of 2013 (G.R. No. 3983 of 2013) registered under Sections 498A, 406, 120B, 34 of IPC.

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Petitioner no. 1 is the husband and petitioner nos. 2 to 6 are the in-laws whereas opposite party no. 2 is the complainant/informant of the case.

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The instant petition has been filed on the basis of the joint compromise petition filed on 22.03.2017 before the court below.

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It is submitted that the marriage of the informant and petitioner no. 1 has been dissolved by divorce and they are living separately and they do not intend to proceed with the criminal prosecution. Photocopy of the joint compromise petition filed before the court below has also been annexed.

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A counter affidavit has been filed on behalf of opposite party no. 2, wherein it has been admitted that the parties have entered into compromise to bring to an end pending litigating between them.

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Under the circumstance, in terms of compromise, the entire criminal proceeding arising from Complaint Case No. 882 of 2013 (Patratu (Barkakana) P.S. Case No. 270 of 2013, G.R. No. 3983 of 2013) is quashed so far as the petitioners, above named, are concerned.

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Instant Cr. Misc. Petition is allowed.

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(Gautam Kumar Choudhary, J . )

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AKT/Satayendra

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Jawed Ashraf And Ors. v. The State Of Jharkhand And Anr.

Case brief

What is this about?

What did the court decide?

Jawed Ashraf And Ors. v. The State Of Jharkhand And Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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