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2022 Supreme(Jhk) 403

SANJAY KUMAR DWIVEDI
Suraj Kumar – Appellant
Versus
State of Jharkhand – Respondent


Advocates Appeared:
For the Petitioners: Mr. Kanti Kr. Ojha.
For the Opp. Parties : Mr. Prabhu Dayal Agrawal, Mr. P.K. Choudhary.

JUDGMENT :

1. Heard Mr. Kanti Kr. Ojha, learned counsel for the petitioners, Mr. Prabbhu Dayal Agrawal, learned counsel for the State and Mr. P.K. Choudhary, learned counsel for the O.P. No. 2.

2. This criminal miscellaneous petition has been filed for quashing of entire criminal proceeding including order dated 25.09.2020 passed in Sindri P.S. Case No. 40/2019 whereby cognizance has been taken against the petitioners for the offences under sections 498(A), 323, 377, 504, 506 of the Indian Penal Code and under section 3/4 of the D.P. Act, pending in the Court of learned Judicial Magistrate, Ist Class, Dhanbad.

3. Mr. Kanti Kr. Ojha, learned counsel for the petitioner submits that the case is arising out of matrimonial dispute and cognizance has been taken under sections 498(A) I.P.C. and other sections of I.P.C. He further submits that compromise has entered into between the petitioners and O.P. No. 2 who is wife of petitioner no. 1.

4. Mr. P.K. Choudhary, learned counsel for the O.P. No. 2 accepts that compromise has entered into between petitioners and O.P. No. 2. He further submits that O.P. No. 2 is residing happily with petitioner no. 1-husband.

5. Learned counsel for the State fa

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