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2025 DAILYLAW 4117 (JHR)

AMIT RANJAN TIWARI ALIAS AMIT RANJAN TIWARY v. THE STATE OF JHARKHAND

Cr.M.P./170/2019 · 2025-02-25

Ambuj Nath

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. M.P. No. 170 of 2019 1. Amit Ranjan Tiwari @ Amit Ranjan Tiwary, aged about 30 years, son of Surendra Tiwary @ Surendra Nath Tiwary 2. Manish Tiwari @ Manish Kumar Tiwari, aged about 35 years, son of Sushil Tiwari 3. Surendra Tiwary @ Surendra Nath Tiwary, aged about 55 years, son of late Ganesh Tiwari 4. Sushil Tiwari @ Sushil Kumar Tiwari, aged about 57 years, son of late Ganesh Tiwari 5. Virendra Kumar Tiwary, aged about 49 years, son of late Ganesh Tiwary All resident of village- Jhura, P.O.- Hoor, P.S.- Garhwa, District- Garhwa, Jharkhand … Petitioners - Versus - 1. State of Jharkhand 2. Khushbu Kumari, daughter of Prem Shankar Tiwari, resident of Main Road, P.S.- Garhwa, District- Garhwa, Jharkhand … Opp. Parties ------ CORAM: - HON’BLE MR. JUSTICE AMBUJ NATH ----- For the Petitioners : Mr. Rajesh Kumar, Advocate For the State : Mr. Vishwanath Roy, Spl.P.P. For the O.P. No.2 : Mr. Sabyasanchi, Advocate --- 10/25.02.2025 Heard the parties. The petitioners have filed for quashing of the entire criminal proceeding in connection with Garhwa P.S. Case No.42 of 2015, corresponding to G.R. No.231 of 2015 and cognizance has been taken under Sections 147, 452, 323, 354, 387, 506, 366, 511 of the Indian Penal Code. The petitioners are the husband and in-laws of the opposite party No.2. It appears that due to matrimonial dispute, the present case has been instituted. Learned counsel for the petitioners submitted that the parties have settled their dispute. Learned counsel for the opposite party No.2 does not dispute the aforesaid fact. Attention has been drawn towards the joint compromise petition filed by the parties before the learned Principal Judge, Family Court, Garhwa, which is annexure-2, from perusal which, it appears that the parties have settled their dispute. As the matter relates to matrimonial dispute between the parties and they have already settled their dispute, allowing the criminal proceeding to continue will be an abuse of Judicial process. -2- In view of the aforesaid facts, this Court is inclined to excise the power of under Section 482 Cr.P.C. The entire criminal proceeding in connection with Garhwa P.S. Case No.42 of 2015, corresponding to G.R. No.231 of 2015 is quashed. This Cr. M. P. is allowed. Pending, I.A. if any, also stands disposed of. (Ambuj Nath, J.) Jay/-