ADITYA KUMAR DAS ALIAS ADITYA KUMAR v. THE STATE OF JHARKHAND
Court: High Court of Jharkhand
Bench: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
Judgment date:
Case summary
High Court of Jharkhand judgment dated 2024-12-04. ADITYA KUMAR DAS ALIAS ADITYA KUMAR v. THE STATE OF JHARKHAND. Read the judgment and case details on...
Judgment text
IN THE HIGH COURT OF JHARKHAND AT RANCHI W. P. (Cr. ) No. 958 of 2024 1. Aditya Kumar Das @ Aditya Kumar, aged about 26 years, son of Kishor Kumar Das. 2. Babita Devi @ Babita Kumari, aged about 45 years, wife of Kishor Kumar Das. Both are residents of Village & P. O. Kenmankathi, P. S. Jasidih, District Deoghar, Jharkhand. 3. Akshaywat Prasad Das, aged about 69 years, son of Late Kamlu Das, resident of Village Orpa, P. O. Kenmankathi, P. S. Jasidih, District Deoghar, Jharkhand. ..... … Petitioner Versus 1. The State of Jharkhand. 2. The Superintendent of Police, Deoghar, P. O. and P. S. Deoghar, District Deoghar, Jharkhand. 3. The Officer In-charge of Kunda Police Station, P. O. and P. S. Kunda, District Deoghar, Jharkhand. 4. The Investigating Officer of Kunda P. S. Case No. 63 of 2024, P. O. and P. S. Kunda, District Deoghar, Jharkhand. 5. Victim ..... … Respondents -------- CORAM : HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI ------ For the Petitioners : Mr.
Nityanand Prasad Choudhary, Advocate. For the State : Mr. Binit Chandra, A. C. to A. A. G. -III. For the Victim : Mr. Arvind Kumar Choudhary, Advocate. ------ 04/ 04. 12. 2024 Heard learned counsel appearing for the petitioners, learned counsel for the State and learned counsel appearing for the victim. 2. Prayer in this writ petition is made for quashing of the entire criminal proceedings, arising out of Kunda P. S. Case No. 63 of 2024, registered under Sections 376, 417, 504 and 34 of the Indian Penal Code, pending in the court of learned Judicial Magistrate, 1st Class, Deoghar. 3. Learned counsel appearing for the petitioner submits that the petitioner No. 1 and the respondent No. 5-Victim both are in relationship and the FIR was lodged alleging therein that the petitioner -1- No. 1 has refused to marry respondent No. 5-victim. He submits that the petitioner No. 1 and respondent No.
5-victim both are major and now good sense has prevailed between the parties and both of them have solemnized the marriage with the consent of their family members and both are residing together. 4. Mr. Arvind Kumar Choudhary, learned counsel has appeared suo motu on behalf of respondent No. 5-victim and he accepts the said submission of learned counsel appearing for the petitioners. He submits that now both of them have solemnized the marriage with the consent of their family members and both are residing together as husband and wife. 5. Learned counsel appearing for the State submits that as the marriage has been solemnized, as such, the proceedings can be quashed. 6. In view of the above, it transpires that the petitioner No. 1 and respondent No. 5-victim were in relationship and both are major and the FIR was lodged alleging therein that the petitioner No. 1 has refused to marry and now the marriage has been solemnized between them and both are residing together. 7.
As such, the entire criminal proceedings, arising out of Kunda P. S. Case No. 63 of 2024, registered under Sections 376, 417, 504 and 34 of the Indian Penal Code, pending in the court of learned st Judicial Magistrate, 1 Class, Deoghar, are hereby, quashed. 8. This petition is allowed and disposed of. (Sanjay Kumar Dwivedi, J. ) Amitesh/- -2-
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