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2013 Supreme(Jhk) 694

IN THE HIGH COURT OF JHARKHAND AT RANCHI
PRAKASH TATIA, JAYA ROY, JJ.
Raj Kumar and others - Petitioners
Versus
The State of Jharkhand and others - Respondents
W.P.(Cr.) No. 47 of 2013
Decided On : 18th June, 2013.

Advocates:
Advocate Appeared:
For the Petitioners:Mr. Sumeet Gadodia, Advocate
For the Respondents:Mr. Ram Nivas Roy, G.P.III Mr. S.P. Roy, Adv. (State of Bihar) Mr. K.K. Singh, Adv.(for private respondent)

The main legal point established is that the High Court can exercise jurisdiction to quash proceedings if the cause of action arises within its territory, and it should encourage genuine settlements of matrimonial disputes.

Headnote:

JURISDICTION - Territorial Jurisdiction - Article 226(2) of Constitution of India - Sections 498-A, 323, 379, 34 of the Indian Penal Code read with Sections 3 and 4 of Dowry Prohibition Act - B.S. Joshi and others Vrs. State of Haryana and another reported in (2003) 4 SCC 675 - Jitendra Raghuvanshi and others vrs. Babita Raghuvanshi and another reported in (2013) 4 SCC 58 - Navinchandra N. Majithia Vrs. State of Maharashtra and others reported in (2000) 7 SCC 640 - Election Commission Vrs. Saka Venkata Subba Rao reported in AIR 1953 SC 210

Fact of the Case:

The petitioner sought to quash a criminal case pending in Bihar, citing a settlement reached in Jharkhand. The respondent-wife had filed a divorce suit in Jharkhand, which was decreed on grounds of cruelty. Both parties agreed to a settlement in Jharkhand, but the criminal case in Bihar was not withdrawn, leading to the writ petition.

Finding of the Court:

The Court found that the cause of action for quashing the criminal proceedings arose in Jharkhand, and the settlement was in the interest of both parties. It held that the proceedings should be quashed, allowing the benefit of the settlement to both parties.

Issues: The main issue was whether the High Court had jurisdiction to quash the criminal proceedings pending in Bihar, given the settlement reached in Jharkhand.

Ratio Decidendi: The Court held that under Article 226(2) of the Constitution of India, the High Court can exercise jurisdiction if the cause of action, wholly or in part, arises within its territory. It emphasized the duty to encourage genuine settlements of matrimonial disputes and the need to exercise power to quash proceedings in appropriate cases.

Final Decision: The Court allowed the writ petition, overruling the objection of territorial jurisdiction, and quashed the criminal proceedings pending in Bihar.

JUDGMENT

Heard learned counsel for the parties.

2. This writ petition has been filed under Article 226 of Constitution of India praying that F.I.R. pertaining to Hathauri P.S. Case No. 27/2007, dated 2.7.2007 for the alleged offence punishable under Sections 498-A, 323, 379, 34 of the Indian Penal Code read with Sections 3 and 4 of Dowry Prohibition Act, which is now pending in the Court of Additional Chief Judicial Magistrate, Rosera in the district of Samastipur (Bihar) may be quashed.

3. Office has raised objection with respect to territorial jurisdiction of this Court because of the reason that F.I.R. was lodged in territorial jurisdiction of State of Bihar i.e., within the territorial jurisdiction of Patna High Court and criminal case in pursuance of F.I.R. as P.S. Case No. 27/2007 is also pending in the Court of Additional Chief Judicial Magistrate, Rosera in the district of Samastipur (Bihar) falling within the territorial jurisdiction of State of Bihar.

4. Before proceeding to decide the issue of territorial jurisdiction, it will be appropriate to give the background facts of the case leading to filing of this writ petition and reaching to Division Bench of this Court.

5. The petitioner no.1 and respondent no.3 are the husband and wife. Their marriage was solemnized on 29.06.2001 at village Arga, P.S. Biroul, District Darbhanga (Bihar). The said marriage ultimately turned to be not a happy marriage and, therefore, the petitioner no.1 filed a matrimonial suit no. 99 of 2007 in the Court of Principal Judge, Family Court, Ranchi with the allegation that after marriage the respondent-wife came with the petitioner no.1 to his village at Samstipur and remained there for one week. A daughter was born in march, 2002 out of the said matrimonial wedlock. The respondent was brought to the petitioner's parents house at Ranchi in December, 2002 where she remained from 18.12.2002 to 17.01.2003. Thereafter, allegation of misbehaviour and cruelty were levelled against the respondent-wife with further allegation of her suffering from schizophrenia since before the marriage. In the said divorce petition, the respondent-wife appeared and filed the written statement and ultimately, after trial, the trial Court decreed the divorce suit on 14th September, 2009. The divorce decree was granted on the ground of cruelty and allegation of mental disorder was rejected by the trial Court. The trial Court while granting the decree for divorce awarded the permanent alimony under Section 25 of Hindu Marriage Act, 1956 of Rs. 3 lakhs to the respondent-wife. Being aggrieved against the part of the decree i.e., grant of permanent alimony to the respondent of Rs. 3 lakhs in the impugned judgment and decree, the petitioner no.1 preferred the First Appeal No. 199 of 2009. The respondent-wife also preferred another First Appeal No. 183 of 2010 to challenge the divorce decree. Both the appeals have already been admitted. When matter came up for consideration before this Court, this Court directed the parties to appear before the Secretary, Jharkhand State Legal Services Authority, Ranchi (JHALSA) and the matter was taken up by the conciliator for consideration for arriving at a settlement between the parties. Before the conciliator, both the parties appeared in person and submitted separate written settlement applications on 16.07.2012 and the conciliator, JHALSA, Ranchi submitted the result of the conciliation between the petitioner no.1 and respondent-wife to this Court in above First Appeal Nos. 199 of 2009 and 183 of 2010 on 17.07.2012. It appears from the conciliator's report that the matter has been settled between the parties and it was agreed by both the parties that petitioner no.1 will make payment of Rs. 5 lacs against permanent alimony to respondent-wife and the first installment of that amount, amounting to Rs. one lac will be paid by the petitioner in the form of bank draft on 20.07.2012 before this Court. It was also agreed that second install






















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