Upon receipt of a compromise petition where the petitioner settled the dispute by paying Rs. 25 lakh to the wife, the Court quashed the criminal proceedings initiated under specific sections of the Indian Penal Code.
The Mahila P.S. Case No. 18 of 2020 filed for offences punishable under Sections 323/34/341/498A/504/506 IPC is quashed.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.25512 of 2022
In
CRIMINAL MISCELLANEOUS No.6772 of 2021
Arising Out of PS. Case No.-18 Year-2020 Thana- MAHILA P.S. District- Samastipur
======================================================
VIJAY KUMAR JHA @ VIJAY JHA Son of Sri Anand Kumar Jha Resident of Village- Padaiya Bathna, P.S.- Kurhani, District- Muzaffarpur, at present residing at Sector 52A, Dhoni Chowk, Wazirabad (Haryana).
... ... Petitioner/s
Versus
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Ms. Alka, Advocate For the Opposite Party/s : Mr. Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER
7 18-01-2023 Heard the parties.
A compromise petition has been filed by both the parties in this case and it has been submitted by them that both the parties have settled their dispute finally and the petitioner has given the amount of Rs. 25 lakh to the opposite party no.2.
Learned counsel for the opposite party no.2 (Sri Shushil Kumar Jha) supports this fact that payment has been made to the opposite party no.2.
The petitioner has already got divorce from a competent Family Court, in Bina, Madhya Pradesh.
In these circumstances, the parties have agreed to
Patna High Court CR. MISC. No.25512 of 2022(7) dt.18-01-2023 2/2
terminate the proceedings of Cr. Misc. No. 6772 of 2021 in view of the judgment of the Supreme Court in the case of B.S. Joshi & Ors vs State Of Haryana & Anr reported in (1998) 1 SCC 692.
Earlier, it has been undertaken that if the entire amount is paid to the wife, she will withdraw all the cases which have been registered against the husband and his family members.
Learned counsel for the opposite party no.2 undertakes that the wife will withdraw the M.J.C. No. 30 of 2022 filed in Bina, District Sagar, Madhya Pradesh as the amount of Rupees Twenty Five Lakh has already been paid to the wife. It is further submitted that opposite party no.2 will withdraw the Maintenance Case No. 15 of 2022 pending in the Court of Principal Judge, Family Court, Samastipur.
Accordingly, the Mahila P.S. Case No. 18 of 2020 filed for the offences punishable under Sections 323/34/341/498A/504/506 of the Indian Penal Code is hereby quashed.
(Sandeep Kumar, J)
Guddu/- U T
2 issues framed by the court
Whether the criminal proceedings can be terminated upon settlement and payment of compensation.
Whether the complaint filed under Sections 323/34/341/498A/504/506 IPC can be quashed in view of the settlement.
Colour shows how this judgement treated each authority
B.S. Joshi & Ors vs State Of Haryana & AnrExplained¶19
B.S. Joshi & Ors vs State Of Haryana & Anr reported in (1998) 1 SCC 692 · Who else cites this
1 provisions across 1 enactments
Vijay Kumar Jha @ Vijay Jha
The State of Bihar
Pushpa Jha
Sandeep Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
