The court can exercise its powers under section 482 Cr.P.C to quash criminal proceedings in matrimonial disputes where the parties have settled and obtained a mutual divorce.

JUDGMENT :

1. This petition has been filed for quashing the entire criminal proceeding in connection with Complaint Case No.3374/ 2018 including the order dated 21.06.2019 passed by learned Judicial Magistrate, 1st Class, Ranchi whereby cognizance against the petitioner has been taken under sections 377, 323 and 506 I.P.C, pending in the court of learned Judicial Magistrate, 1st Class, Ranchi.

2. Mr. A.K.Das, the learned counsel appearing for the petitioner submits that the petitioner is the wife of O.P.no.2 and the case was filed by the O.P.no.2 who happens to be husband of the petitioner alleging therein that the O.P.No.2 was married to the petitioner on 22.4.2002 and at that time he was employed in Indian Air Force. He has alleged various allegations to malign the image of the petitioner to the extent that the petitioner is a lady of very unnatural behaviour and she has a lust for some unnatural sex. The complainant however admitted that out of the said wedlock they have blessed with two children. It has been alleged that the petitioner used to insert her finger or other object in the anus of the complainant during intercourse and also assaulted him with kicks. He has stated that he had retired from Indian Air Force in July, 2017 and thereafter it is alleged that he discovered the petitioner to be indulged in taking with other persons in audio/video chats and entire night she does so and even after restraining her to do so she continues the same on each night and also commit unnatural offences over her husband at early morning as after such chats she came to her husband in a aroused stated and insert her fingers in the anus of the complainant and she was biting, licking penis of the complainant against his will until he exhausted. He has further stated that on 15.06.2018, the petitioner administered some poison to the O.P.no.2 due to which he fell down and subsequently he vomited. It has been alleged that when he asked the petitioner about her extra marital life she threatened him and abused him and left the house on 19.06.2018 along with key of Almirah, Smart Cards, ATM Cards, UID, Vehicle Registration Card and Canteen Cards. Thereafter, he sent a legal notice on 29.06.2018 and 8.7.2018 the accused nos.1,3 and uncle of the accused no.1 came to his house to have a table talk and when the complainant demanded back the key of almirah, on 13.7.2018, accused no.1 had sent a person named Naren Ji along with documents to sign an application for mutual divorce to which the O.P.No.2 refused and thereafter he received a reply to the legal notice on 9.7.2018 wherein the allegations have been denied and on 27.7.2018 it is alleged that the accused persons came and threatened the complainant with filthy language. On 1.8.2018 the complainant broke the lock of Almirah and found that jewelleries, cloths et. Were stolen. On 5.8.2018 at about 11.30 am while the complainant and other family members were present all the accused persons except accused no.7 attacked the house of the complainant and assaulted him and snatched his gold chain from the neck of the complainant worth of Rs.10,000/-. He reported the matter to the police station but the police has not given weight to him and as such he filed the complaint case.

3. Mr. Das, the learned counsel for the petitioner further submits the petitioner has filed the case under section 498A of the IPC against the O.P.No.2 and in retaliation, the O.P.No.2 who happens to be husband of the petitioner has filed the case and the cognizance has been taken against the aforesaid sections of the I.P.C. He submits that now the parties have settled the dispute and divorce has already taken effect between the petitioner and the O.P.No.2 and this fact has been admitted by Mr. Anju Kumar, the learned counsel appearing for the O.P.No.2 and both the counsels namely, Mr.Das, the learned counsel and Mr. Kumar, the learned counsel appearing for the petitioner and the O.P.No.2 respectively jointly submit that a joint com