CHURKI DEVI v. THE STATE OF JHARKHAND
Court: High Court of Jharkhand
Bench: SRI ANANDA SEN, J.
Judgment date:
Case summary
High Court of Jharkhand judgment dated 2020-01-14. CHURKI DEVI v. THE STATE OF JHARKHAND. Read the judgment and case details on LawSphereX.
Judgment text
IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. M. P. No. 2860 of 2019 WITH I. A. No. 11513 of 2019 ---- Churki Devi … Petitioner -versus- 1. The State of Jharkhand 2. Shailesh Hembram … Opposite Parties --- CORAM : HON’BLE MR. JUSTICE ANANDA SEN ---- For the Petitioner : Mr. Shailesh, Advocate Mr. Ashish Kumar, Advocate For the State : APP For the O. P. No. 2 : Mr. Deepak Kumar, Advocate ---- 3/ 14. 01. 2020 Heard learned counsel for the parties. Petitioner has prayed for quashing the entire criminal proceeding in Tundi Police Station Case No. 33 of 2013 (G. R. No. 1404 of 2013(S) for offences under Sections 498A/304B/120B/34 of the Indian Penal Code. FIR is registered on the basis of complaint. Complainant stated that her daughter was tortured leading to her death. Counsel for the petitioner submits that the petitioner is the sister-in-law and has got nothing to do with the matrimonial home of the deceased. Husband was put on trial wherein he was acquitted.
He has referred to the judgment of acquittal passed by the Court below. He also submits that an interlocutory application being I. A. No. 11513 of 2019 has also been filed by the parties as joint compromise application stating that the parties have settled their dispute and prays to allow this criminal miscellaneous petition. This is a FIR for offence among other under Section 304B of the Indian Penal Code read with Section 120B of the Indian Penal Code. There is no scope of compromise for an offence committed and punishable under Section 304B of the Indian Penal Code. Section 304B is not only an offence against a person, but, it is an heinous offence against the society. Thus, this Court cannot take any cognizance of the interlocutory -: 2 :-application, which has been filed by the parties alleging compromise. So far as merits of the case are concerned, the allegations in the FIR definitely make out a cognizable offence to be investigated.
Thus, I am not inclined to entertain this criminal miscellaneous petition or the interlocutory application. Hence, both the criminal miscellaneous petition (Cr. M. P. No. 2860 of 2019) as also the interlocutory application (I. A. No. 11513 of 2019) are, hereby, dismissed. ( Ananda Sen, J. ) Kumar/Cp-03
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