Shiv Kumar Sharma vs State of Jharkhand and Another

Lakshman Uraon, J.—This Criminal Writ Application has been filed with a prayer for issuance of an appropriate writ, order or direction to quash the entire criminal proceeding against this petitioner in Koderma (Tilaiya) P.S. Case No. 134 of 2003, corresponding to G.R. No. 199 of 2003, initiated under Sections 420/34 of the Indian Penal Code and 3/4 of the Dowry Prohibition Act, pending in the Court of learned Chief Judicial Magistrate, Koderma.

Respondent Mo. 2 Deepak Kumar Sharma (complainant/informant) in Complaint Case No. 84 of 2003 has alleged that he negotiated the marriage of his sister with this petitioner for which he paid Rs, 85,000/- on 17-3-2003 to the father of this petitioner, namely Jiwlal Thakur, but subsequently the marriage could not be materialised.

In course of hearing it is submitted that both the parties have entered into a compromise by filing joint compromise petition in the Court below.

On perusal of the petition (Annexure 2), filed on behalf of both the parties, which is joint compromise petition, I find that the dispute has been settled amicably at the intervention of the well-wishers of both the parties and good relationship has been restored in between them. Annexure 3 is the petition, field on behalf of the informant (respondent No. 2), stating therein, that he has compromised the case, as the matter has amicably been settled he does not want to proceed with the matter.

Mr. Atanu Banerjee, learned counsel for the appellant, in course of submission, has relied a case, reported in 2000 (1) PLJR 558, wherein, it has been held that "in view of the facts and circumstances of the case and compromise entered in between the parties, where the husband has paid substantial amount to wide even after filing of the Matrimonial Suit for desertion of marriage, allegations made by the wife in the First Information Report does not make out strong prima facie case for conclusion of the prosecution against the respondent. The entire criminal proceeding was set aside."

In the present case, negotiation was made regarding marriage of the sister of respondent No. 2 (complaint /informant) for which certain amount were advanced but now the matter has been settled and the money has been returned. In that view of the matter. I find that although the offence is not compundable but when good wishes have prevailed and there is amicable settlement in between the parties, then one can not force to marry at the cost to ruin the marital life. The parties have already compromised the case and they have now no grievance against each other. Considering this aspect, I find that the prosecution in connection with Kodrma (Tilaiya) P.S. Case No. 134 of 2003, registered u/s 420/34 read with Section 3/4 of the Dowry Prohibition Act, if allowed to continue, it will only be a misuse or abuse of the process of the Court.

Accordingly, this Criminal Writ Petition is allowed on the basis of the compromise and amicable settlement in between the parties, and the entire criminal proceeding of Koderma (Tilaiya) P.S. Case No. 134 of 2003, corresponding to G.R. No. 199 of 2003, D/- pending in the Court of learned Chief Judicial Magistrate, Koderma, is hereby quashed.

As submitted, the petitioner is in custody. As such he is ordered to be released forthwith from the custody, if no wanted in any other case.