- (1.) HEARD Mr. V.P. Singh, learned senior counsel for the petitioners, Mr. Prashant Shekhar Prasad, learned counsel for O.P. NO.2 and learned A.P.P. for the State.
(2.) THE interlocutory application, jointly filed by the petitioners as well as O.P. NO.2, has been placed for orders wherein the prayer has been made to quash the criminal prosecution against the petitioners in view of the compromise arrived at between the parties. In the main application for quashing, the petitioners have prayed to quash the order taking cognizance dated 26.9.2006 as well as the whole complaint case No. 757 of 2005 in which the cognizance was taken by the learned court below for the offences under Sections 341, 323/34 IPC against the petitioners.
(3.) SOME relevant facts leading to the present application are as follows: - The marriage between petitioner no. 1 Archana Devi and O.P. NO.2 Dinesh Pal was solemnized on 26.5.2003. The matrimonial dispute between them gave rise to four cases. Firstly, Matrimonial Suit No. 171/2005, filed by Dinesh Pal (the husband) against his wife Archaila Devi for restitution of conjugal right, which is pending before the Family Court, Ranchi. Secondly, Misc. C8se No. 70/2005, filed by the wife Archana Devi against her husband for maintenance, in which the Family Court directed the husband to pay maintenance to his wife. Thirdly, Complaint Case No. 715/2004, filed by the wife against her husband and his family members for the offence under Section 498A IPC, which is pending before the Judicial Magistrate, First Class, Ranchi and the last case being Complaint Case No. 757/2005, from which the present quashing application arises. ;