- (1.) HEARD learned counsel appearing for petitioners and learned counsel appearing for the respondents.
(2.) THIS petition has been filed, under Article 226 of the Constitution of India, for quashing of the entire criminal proceedings of Complaint Case No. 1289 of 2004, pending in the Court of learned Judicial Magistrate, Jamshedpur including order dated 11.3.2005 under which cognizance of the offences under Sections 498A and 406 of the Indian Penal Code, has been taken against the petitioners. Learned counsel appearing for the petitioners submits that the complainant/ respondent no. 2 lodged a complaint, alleging therein that the petitioner no. 1, being the husband and other members of the in -law's family, subjected her to cruelty, on account of non -fulfillment of the demand of the dowry. After the statement of the complainant was recorded on solemn affirmation, the matter was taken up for inquiry and thereupon cognizance of the, offence was taken under Sections 498A and 406 of the Indian Penal Code. That order was challenged before this Court. However, while the matter was pending before this Court, parties got their matrimonial dispute settled on certain terms whereby, the petitioners were required to make payment of certain amounts and both the parties agreed to have decree of divorce on mutual consent and thereupon, a petition was filed before Family Court, Jamshedpur wherein decree of divorce has been granted, on mutual consent and now the parties have been living separately and, therefore, the complainant now does not want to proceed with the case and, therefore, entire criminal proceeding as well as order taking cognizance be quashed in view of the ratio laid down in the case of B.S. Joshi & Ors. V/s. State of Haryana, and Anr. [2003(2) East Cr.C. 220(SC)].
(3.) LEARNED counsel appearing for the respondent No. 2 submits that pursuant to settlement of dispute on certain terms and conditions, parties are now living separately and hence, the complainant does not want to proceed with the complaint case.;