RONGON MUKHOPADHYAY,J. - (1.) Heard the Parties.
(2.) In this application, the petitioners have prayed for quashing the entire criminal proceeding in connection with C.P. Case No. 1116 of 2016 including the order dated 3.10.2016, passed by the learned Judicial Magistrate, 1st class, Ranchi, whereby and where under cognizance has been taken for the offence under section 498(A)/34 of the Indian Penal Code and Section 3/4 of D.P. Act.
(3.) A complaint case was instituted by the O.P. No. 2, in which it was stated that the marriage of the O.P. No. 2 was solemnized with the petitioner no. 1 on 15.2.2009 and out of the said wedlock a son was born on 20.8.2014. Allegation has been levelled by the O.P. No. 2 that she was subjected to physical and mental torture and there was a demand of Rs. 50,000/- from the complainant. Based on the aforesaid allegations, C.P. Case No. 1116 of 2016 was instituted, in which upon conducting an enquiry, cognizance was taken on 3.10.2016. Since there was a possibility of settlement between the parties, matter was heard in Chambers on several occasions and ultimately the parties agreed to various terms and conditions, which has been mentioned in the order dated 7.11.2017, which reads as follows:- (i) The petitioner No. 1 has agreed to make payment of permanent alimony of Rs. 20 Lakhs which shall be handed over to the opposite party No. 2 on 08.11.2011 as soon as the application u/s 13(b) of the Hindu Marriage Act is filed. (ii) Since the petitioner No. 1 has shown some inconvenience of getting the furniture transferred to Ranchi from Ahmad Nagar, as he is presently posted in an insurgency environment, he has offered to make payment of Rs. 1 Lakh to the opposite party No. 2 so that she may set up house and which has been accepted by the opposite party No. 2. The amount of Rs. 1 Lakh shall also be paid by the petitioner No. 1 on 8.11.2017 itself. (iii) In order to facilitate the upbringing of the child, namely, Siddhant who is aged about 03 years, the petitioner No. 1 has agreed to make payment of Rs. 12 thousand per month in the account which is to be opened in the name of the child and operated by his mother, namely, Smt. Isha Mohan. The petitioner No. 1 has stated that on account of some technicalities, the regular monthly salary sometimes is made available and in order to prevent any inconvenience which may be caused to the child he shall make payment at one go the amount of maintenance of three months' i.e. Rs. 36 thousand. (iv) The Petitioner No. 1 who is an Army Personnel has assured this Court that the dependent card of his son shall be renewed every year. (v) The Passport of the opposite party No. 2 as well as a single ornament which the petitioner No. 1 admits to be in his possession shall be returned back to the opposite party No. 2 tomorrow itself at the time of filing of the application u/s 13(b) of the Hindu Marriage Act. (vi) The opposite party No. 2 shall handover the canteen card of the petitioner No. 1 as well as the ATM card which is in her possession tomorrow itself. (vi) It has been agreed upon by both the parties that no additional terms and conditions shall be inserted in the joint compromise petition which shall be filed in the present case within a week".;