Nisha Prasad vs State Of Jharkhand And Another

Sanjay Kumar Dwivedi, J

The notice upon the O.P. No.2 has already been served and the matter was again adjourned on 16.06.2022 and on that day also the O.P.No.2 had not appeared.

In view of that, this petition being is heard in absence of the O.P.No.2.

Heard Mr. Sudarshan Shrivastava, the learned counsel for the petitioner and Mrs. Shweta Singh, the learned State counsel.

This petition has been filed for quashing of the order dated 05.06.2013 arising out of Complaint Case No.188 of 2013 whereby the learned court has taken cognizance under section 417 of the IPC pending in the court of learned Judicial Magistrate, First Class, Ranchi.

Mr. Shrivastava, the learned counsel for the petitioner submits that the petitioner is erstwhile wife of the O.P.No.2. He submits that the allegation is made that she has taken certain money from the pocket of O.P.No.2 and for that the case has been lodged and purchased certain property. He submits that thereafter husband filed the divorce case and by which divorce has been granted. He submits that the said divorce is challenged before the court in F.A. No.39 of 2017 and the matter has been settled between the parties which has been recorded in the order dated 11.09.2018 passed in F.A. No.39 of 2017. On these grounds he submits that the entire criminal proceeding may kindly be quashed.

Mrs. Shweta Singh, the learned State counsel submits that it appears the Original MTS No.279 of 2012 judgment dated 18.01.2017 was set aside in the First Appeal.

In view of the above, it appears that the O.P.No.2 has lost in the matter and further it is admitted position that the petitioner happened to be erstwhile wife of the O.P.No.2 and the allegations are of taking money from the pocked of the husband. In such relation how section 417 IPC is attracted as the matter of concern and further the divorce has already been granted and the matter has been set at rests. In view of further appellate court order dated 11.9.2018 passed in F.A. No.39 of 2017 the review has been filed against, the review has also been dismissed by order dated 10.4.2023. The Title Suit No.485 of 2013 has been instituted by the husband for annulling the title deed was also dismissed by the judgment dated 25.01.2016.

In view of the above the entire criminal proceeding arising out of Complaint Case No.188 of 2013 pending in the court of learned Judicial Magistrate, First Class, Ranchi is quashed.

Cr.M.P. No.2477 of 2013 is allowed and disposed of.

Pending petition if any also stands disposed of accordingly.