Advocates:
SUSHIL BALWADA

ITEM NO.11 COURT NO.4 SECTION II-A

S U P R E M E C O U R T O F I N D I A

RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (Crl.) No(s). 5043/2018

(Arising out of impugned final judgment and order dated 14-05-2018

in ABA No. 6270/2017 passed by the High Court Of Jharkhand At

Ranchi)

SHANKAR BHAKAT@ SHANKAR KUMAR BHAKAT Petitioner(s)

VERSUS

THE STATE OF JHARKHAND & ANR. Respondent(s)

(FOR ADMISSION and IA No.82751/2018-EXEMPTION FROM FILING O.T.)

Date : 10-07-2018 This petition was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE KURIAN JOSEPH

HON'BLE MR. JUSTICE SANJAY KISHAN KAUL

For Petitioner(s)

Mr. Anjani Kumar Singh,Adv.

For Dr. Sushil Balwada, AOR

For Respondent(s)

UPON hearing the counsel the Court made the following

O R D E R

In the nature of order we propose to pass, it is not necessary

to issue notice to the respondents, since we intend to protect the

interest of both the parties as the dispute essentially is

matrimonial. The petitioner is aggrieved since he is denied

protection under Section 438 Cr.P.C. in connection with FIR

No.27/2017 registered with P.S. Jadugora, S. Div. Ghatshila,

District East Singhbhum under Sections, 341, 323, 313, 498(A) and

34 IPC and Section 3/4 of the Dowery Prohibition Act.

The High Court took note of the fact that the petitioner has

not deposited the interim maintenance and that appears to be the

only ground for denying the relief under Section 438 Cr.P.C.

Learned counsel for the petitioner submits that the parties

belong to the same village and in case they are referred to

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Digitally signed by

NARENDRA PRASAD

Date: 2018.07.10

16:58:48 IST

Reason:

Signature Not Verified

mediation disputes can be settled amicably.

Having heard the learned counsel for the petitioner, we are of

the view that it is only in the interest of justice and for doing

complete justice between the parties that an opportunity be given

to the petitioner to deposit the arrears. Accordingly, we permit

the petitioner to deposit the arrears of interim maintenance before

the High Court within a period of one month from today and move an

application for recall of the order dated 14.05.2018, in that

event, we request the High Court to refer the parties to mediation

and see whether the disputes can be otherwise settled amicably.

In order to work out the relief, as above, we direct that no

coercive steps shall be taken against the petitioner in connection

with FIR No.27/2017 registered with P.S. Jadugora, S. Div.

Ghatshila, District East Singhbhum, for a period of three months

and further extension will depend on the orders to be passed in the

recall application.

Subject to the liberty, as above, the special leave petition

is disposed of.

Pending application(s), if any, shall stand disposed of.

(NARENDRA PRASAD) (RENU DIWAN)

COURT MASTER ASSISTANT REGISTRAR

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