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2025 DAILYLAW 29166 (JHR)

DEEPAK KUMAR YADAV v. THE STATE OF JHARKHAND

Cr.M.P./3618/2023 · 2025-03-24

Ambuj Nath

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. M. P. No. 3618 of 2023 ------- Deepak Kumar Yadav @ Deepak Yadav, aged about 35 years, son of Nand Lal Yadav, Present and permanent resident of village Asmani Chowk, Bakuliapur, P.O. Bikapur, P.S. Kotwali, District Ghazipur (U.P.) …... …. Petitioner(s) Versus 1. The State of Jharkhand 2. Shashi Devi, wife of Deepak Kumar Yadav, permanent resident of Kunwar Singh Road, Rajendra Nagar, P.O. Mango, P.S. Olidih, Town Jamshedpur, District East Singhbhum, presently residing at Qr. No. L-4/20, Cross Road No.10, P.O. Agrico, P.S. Sidhgora, Town Jamshedpur, District Singhbhum East. .…. …. Opp. Parties -------- CORAM : HON’BLE MR. JUSTICE AMBUJ NATH -------- For the Petitioner(s) : Mr. Anurag Kashyap, Advocate For the State : Ms. Nehala Sharmin, Spl.P. P. -------- 07/ Dated 24.03.2025 Nobody appears on behalf of opposite party No.2, despite of valid service of notice. By order dated 18.02.2025, last opportunity was given to the opposite party No.2 to appear in this case. In view of this fact, this criminal miscellaneous petition is disposed of on the basis of materials available on record. Petitioner Deepak Kumar Yadav @ Deepak Yadav has filed this application for quashing of the entire criminal prosecution and proceeding including the F.I.R being Mango (Olidih) P.S. Case No.80/2017, corresponding to G.R. Case No.679/2017, registered under Sections 323, 506 & 494 of the Indian Penal Code and also for quashing of the order dated 03.02.2023 passed by Sri Alok Kumar, learned Judicial Magistrate, 1st class, Jamshedpur, whereby and wherein, learned Magistrate has found the occurrence to be true and has taken cognizance for the offence under Sections 494 and 498A of the Indian Penal Code. It was submitted that parties have settled their disputes during mediation, which took place in the mediation center, Jamshedpur. The mediation report is on record. It was further submitted that offence under Section 494 I.P.C is compoundable with the permission of the Hon’ble Court. -2- Considering the fact that the offence relates to marital disputes between the parties and the parties have settled their disputes, this Court is inclined to permit them to compromise the case. Accordingly, in view of the aforesaid facts, the entire criminal proceeding in connection with Mango (Olidih) P.S. Case No.80/2017, corresponding to G.R. Case No.679/2017 alongwith consequential orders are quashed. This criminal miscellaneous petition is allowed. Pending I.A., if any, also stands disposed of. (Ambuj Nath, J.) BS/-