2025:JHHC:13729 -: 1 :- W.P.(Cr.) No. 865 of 2023 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(Cr). No. 865 of 2023 ----- Nilam Devi, wife of Kundan Turi, r/o village Jagarnathdih, P.O.- Mirzaganj, P.S. Jamua, District- Giridih. … ... Petitioner Versus 1. The State of Jharkhand 2. xxx … … Respondents ---- CORAM : SRI ANANDA SEN, J. ---- For the Petitioner : Mr. Rohit Ranjan Sinha, Advocate [Through Video Conferencing] For the Respondents: Mr. Binit Chandra, AC to AAG III Mr. Sunil Kumar Mahto, Advocate Mr. Vishal Kumar, Advocate ---- 12/ 06.05.2025 Heard, learned counsel for the petitioner, learned counsel for the State-respondent as also learned counsel for the informant. 2. The petitioner in this writ petition has prayed for issuance of an appropriate writ(s)/order(s)/direction(s) for quashing/setting aside, with all consequences, the entire criminal proceeding in POCSO Case No.20/2022 arising out of Jamua P.S. Case No.203/2020 dated 16.8.2020 registered for the alleged commission of offence punishable under sections 376/313/120B/34, IPC read with section 4/6 of the Protection of Children from Sexual Offences Act, 2012, including the order dated 7.2.2022 (Annexure-2) whereby prima facie material has been found for taking cognizance under sections 376/313/120B/34, IPC and Section 4/6 of the Protection of Children from Sexual Offences Act, 2012 against the petitioner by the learned Special Judge, POCSO Act, Giridih, which is presently pending in the said learned Court of Special Judge, POCSO Act, Giridih. 3. It has been alleged by the informant that the petitioner’s brother Mithun Turi has established physical relation with the informant on the pretext of marriage in the house of the petitioner. The informant had conceived and tried to talk to the petitioner and Mithun Turi for marriage but she was advised for termination of her pregnancy after which they would discuss about the 2025:JHHC:13729 -: 2 :- W.P.(Cr.) No. 865 of 2023 marriage. It has been further alleged that Mithun Turi brought her some medicines to take. When the informant raised objection in consuming the medicines, the petitioner told her that as soon as she would consume the medicine and get better, they would get married. Upon such assurances, the informant consumed the medicine and on 21.07.2020 suffered excessive blood loss. Thereafter lodged the said F.I.R. Police had submitted the charge-sheet against the petitioner vide Charge-sheet No. 13/2022 dated 25.01.2022 alleging commission of the offences punishable under sections 376/313/120B/34, IPC and section 4/6 of the POCSO Act. The Learned Special Judge, POCSO Act on 07.02.2022 took cognizance of the offence against the Petitioner. 4. Learned counsel representing the petitioner submits that the petitioner was a married woman living separately at her matrimonial house and had no concern with her brother’s life. There are no evidences or ingredients of the offence made out against the petitioner. The case lodged is false and vexatious with ulterior purposes. The case against the petitioner is baseless and unsupported with any material to support the allegations made. There is a joint compromise made between the informant and the accused person Mithun Turi and they have solemnized marriage. Thereafter, they are living happily as husband and wife. The informant, pursuant to the compromise made, does not want to proceed with the criminal case. In view of the aforesaid factual matrix, the chances of the petitioner being guilty is very bleak. It was only because of some misunderstanding and confusion the informant had made some baseless allegations to add gravity to the offences alleged. The petitioner and the informant have amicably settled their disputes and buried their hatches without any threat, coercion and undue influence. 5. Learned counsel representing the State and the informant admit that the parties have resolved their dispute and the informant is happily living with her husband. 6. Earlier, this Court had directed the informant and accused persons including the main accused Mithun Turi to remain present in the Court. On the last date, they appeared before this Court. The accused Mithun Turi, the informant and family members submitted that both the informant and her husband are living together and they have solemnized their marriage. On specific query, informant submitted that she is living happily with her husband; she has no complaint; and she does not want to pursue this criminal case any 2025:JHHC:13729 -: 3 :- W.P.(Cr.) No. 865 of 2023 further. 7. From the argument placed by the parties, I find that though this case is registered under section 376 of the Indian Penal Code against the accused but the main allegation is against the husband of the informant. The role of the petitioner, herein, in the alleged offence is minimal. Further, as there is a compromise between the informant and her husband, there is a bleak chance that the prosecution can succeed to establish the guilt of the petitioner. There is no witness on the basis of which the prosecution can now establish the guilt of the petitioner. Thus, the entire exercise of the prosecution will become futile. 8. In view of the aforesaid circumstances, it is not wise to let this criminal prosecution continue against the petitioner. It is certainly an abuse of the process of Court as no definite conclusion can be arrived at if the prosecution continues. Thus, I am inclined to allow this writ petition. Entire criminal proceeding in POCSO Case No.20/2022 arising out of Jamua P.S. Case No.203/2020 is hereby set aside. 9. This Criminal Writ Petition is, accordingly, allowed. Pending interlocutory applications, if any, stand disposed of. (Ananda Sen, J.) Kumar/Cp-03