IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No. 1944 of 2024 Hemant Kujur, aged about 50 years, S/o Late Sushil Kujur, R/O Vill. – Kaimo, Patra Toli, P.O. + P.S. – Lohardaga, Distt. Lohardaga, Jharkhand-835302. ….. Petitioner Versus 1. State of Jharkhand 2. Suchita Anita Kujur, W/o Hemant Kujur, R/o Khusboo Toli, Bara Ghagra, P.O. + P.S. – Doranda, Distt. Ranchi, Jharkhand-834005. ….. Opp. Parties WITH Cr.M.P. No. 1974 of 2024 Ensi Enila Lakra @ Ancy Lakra, aged about 48 years, D/o Fulhar Lakra, R/O Dumber Toli, P.O. + P.S. – Gumla, Distt. Gumla, Jharkhand-835207. ….. Petitioner Versus 3. State of Jharkhand 4. Suchita Anita Kujur, W/o Hemant Kujur, R/o Khusboo Toli, Bara Ghagra, P.O. + P.S. – Doranda, Distt. Ranchi, Jharkhand-834005. ….. Opp. Parties --------- CORAM: HON'BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA -------- For the Petitioner (s) : Mr. Shubhashis Rasik Soren, Advocate. Ms. Shobha Gloria Lakra, Advocate. Ms. Preeti Hembrom, Advocate. Ms. Mrinalini Adela Tete, Advocate. [In both cases]. For the State : Mr. Shailendra Kr. Tiwari, Spl.P.P. [In Cr.M.P. No. 1944/2024] Mr. Shiv Shankar Kumar, A.P.P. [In Cr.M.P. No. 1974/2024] For the O.P. No. 2 : Mr. Lalit Yadav, Advocate. [In both cases]. --------- Order No. 05/Dated: 07th January, 2025 1. Both the Criminal Miscellaneous Petitions are arising out of same complaint, as such, they are tagged together and are being heard together. 2. Learned counsel for the petitioner has submitted that in Cr.M.P. No. 1944/2024, petitioner is husband of the complainant and in Cr.M.P. No. 1974/2024, petitioner is the girlfriend of the husband of the complainant. 3. Learned counsel for the petitioners has further placed reliance upon the reported judgment of Hon’ble Supreme Court in the case of U. Suvetha Vs. State and Ors. reported in [2009] 6 SCC 757, wherein it has been held that girlfriend of the husband is not relative of the husband and she cannot be prosecuted for the offence under Section 498A of the I.P.C. 4. After some argument, learned counsel for the petitioners seeks withdrawal of these cases with liberty to raise all the points before the concerned trial court, which has been taken in these petitions. 5. Learned APP has raised no objection to the submission made on behalf of petitioners. 6. In view of above submissions, both these criminal miscellaneous petitions are dismissed as withdrawn. 7. Consequently, I.A. No. 8666 of 2024 filed in Cr.M.P. No. 1974 of 2024 stands disposed of. 8. Petitioners shall be at liberty to raise all the points taken in these petitions at appropriate stage of the proceeding before the concerned trial court. (Pradeep Kumar Srivastava, J.) Sunil/