- (1.) Heard learned counsel for the appellant and the respondent. This appeal arises out of the judgment dated 09.06.2015 passed by the learned Principal Judge, Family Court, Ranchi in Matrimonial Title Suit No. 237 of 2008. Petitioner is the appellant in the instant appeal whose Matrimonial Title Suit for dissolution of marriage was dismissed on contest by the impugned judgment.
(2.) During pendency of this appeal, the respondent appeared on notice and parties agreed to file joint compromise petition in view of the amicable settlement of their matrimonial dispute outside the Court. This was recorded in the order dated 15.05.2017. Thereafter I. A. No. 5012 of 2017 was jointly filed by the parties on 21.06.2017. In view of the joint compromise petition filed, the following order was passed on 21.06.2017:- "Both the parties have amicably decided to settle their matrimonial dispute on the terms given in the joint compromise petition filed today. One of the terms being that the respondentwife shall withdraw the Complaint Case No. 40 of 2008 filed by her for the offences under Section 498-A of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act, pending before the Chief Judicial Magistrate, Ranchi. The appellant-husband shall also withdraw one Criminal Revision filed by him, pending before this Hon'ble Court. It is submitted by learned counsel for the respondent-wife that the next date in the Complaint Case No. 40 of 2008 is 28.6.2017, but she wants to withdraw the said case earlier, so that this matter may be disposed of on the basis of compromise in this case. In that view of the matter if the complainant files an application for recalling the date and withdrawing the Complaint Case No. 40 of 2008, the same shall be favourably entertained by the Trial Court and appropriate order shall be passed. In the meantime, the appellant-husband shall also withdraw the Criminal Revision, pending in this Court. Learned counsel for the appellant has deposited four Demand Drafts bearing Nos. 444160, 444161, 444162 and 444163 dated 16.6.2017, issued by the Bank of India, Vaishali Branch, for the agreed amount, in favour of the respondent- wife. Let the same be kept in the safe custody of the Registrar General of this Court. Let this appeal be again listed on 28th of June, 2017, so that if the cases are withdrawn in the meantime, the compromise may be affected on that date. "
(3.) Learned counsel for the respondent-wife has produced photocopy of the certified copy of the order dated 28.06.2017 passed by the learned Chief Judicial Magistrate, Ranchi in Complaint Case No. 40 of 2008. The matter was heard before the learned Chief Judicial Magistrate, Ranchi on the discharge petition filed by the two appearing accused namely Sunil Kumar(appellant husband) and Kalawati Devi (mother of the appellant). A petition by the complainant was also filed having no objection on the same. Learned Chief Judicial Magistrate, Ranchi, after consideration of the materials on records and the prayer made by the accused in the light of the stand of the complainant was pleased to discharge these two accused persons namely Sunil Kumar and Kalawati Devi from the charges. They were discharged from the liabilities of their bail bonds and all sureties were discharged.;