Sanjay Kumar Sinha vs The State Of Bihar & Anr on 7 September, 2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15809 of 2012
Arising Out of PS.Case No. -0 Year- null Thana -null District- PATNA

1. Sanjay Kumar Sinha S/O Late Tulsi Prasad Sinha R/O Jagriti Nagar, Ashiana
Road, P.S. Rajiv Nagar, Distt. – Patna

…. …. Petitioner/s
Versus

1. The State Of Bihar

2. Dr. Sarita Sinha W/O Sanjay Kumar Sinha R/O Jagriti Nagar, Ashiana Road,
P.S. Rajiv Nagar, Distt. – Patna

…. …. Opposite Party/s

Appearance :

For the Petitioner/s : Mr. Sandeep Kumar, Advocate
For the Opposite Party/s : Mr. Shyam Kr. Singh, APP

CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR
ORAL JUDGMENT
Date: 07-09-2017

Heard learned counsel for the petitioner and learned

Additional Public Prosecutor appearing for the State.

2. The petitioner is husband of Opposite Party No.2.

Opposite Party No.2 had filed Complaint Case No.1746(C) of 2011

wherein cognizance was taken against the petitioner for the offence

under Section 498A of the Indian Penal Code on 08.12.2011 by Smt.

Reshma Verma, learned Judicial Magistrate, Patna. The aforesaid

order is under challenge in this application.

3. The order dated 12.09.2012 reveals that the parties

agreed for restoration of their matrimonial relationship. Accordingly,

further proceeding of complaint case was stayed. The Opposite Party
Patna High Court Cr.Misc. No.15809 of 2012 dt.07-09-2017

P2/

No.2 has not appeared to oppose the prayer probably for the reason of

the aforesaid order and considering the chances of restoration of

conjugal life.

In the circumstances, continuance of the criminal

prosecution before the Court-below would thwart the chances of

amicable settlement between the parties. Hence, for the ends of

justice the same cannot be allowed. Accordingly, the impugned order

including the entire criminal prosecution against the petitioner stands

quashed and this application stands allowed.

(Birendra Kumar, J)

Mkr./-

AFR/NAFR NAFR
CAV DATE NA
Uploading Date 11.09.2017
Transmission 11.09.2017
Date

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