Ram Chandra Pd. Singh & Ors vs State Of Bihar & Anr on 11 October, 2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40994 of 2014
Arising Out of PS.Case No. -183 Year- 2013 Thana -BARBIGHA District- SEIKHPURA

1. Ram Chandra Pd. Singh Son of Late Indradeo Prasad

2. Smt. Tileshwari Devi wife of Ramchandra Pd. Singh

3. Shiv Shankar @ Chhotu son of Ramchandra Pd. Singh
All residents of village- Kapsiwama, P.S.- Hilsa, District- Nalanda at present Dubey
Niketan Moh. Lohanipur, Patna
…. …. Petitioner/s
Versus

1. The State of Bihar

2. Pammi Kumari D/o Surendra Prasad Singh, resident of Village – Dumri P.S.
Barbigha (Keoti O.P.), District Sheikhpura
…. (Informant) …. Opposite Party/s

Appearance:

For the Petitioner/s : Mr. Sachidanand Chaudhary, Advocate.

For the State : Mr. Mustaq Alam, Advocate.

For the Opp. Party no. 2 : Mr. Sanjeev Kumar, Advocate.

CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
ORAL JUDGMENT
Date: 11-10-2017

Heard learned counsel for the petitioners and learned

counsel representing the informant – opposite party no. 2 as well as

learned A.P.P. for the State.

2. Petitioner no. 1 is the father-in-law, petitioner no. 2 is

the mother-in-law and petitioner no. 3 is the younger brother of the

husband of the informant-opposite party no. 2. All the petitioners are

seeking quashing of the order dated 02.12.2013 passed by learned

Chief Judicial Magistrate, Sheikhpura in Barbigha P.S. Case No. 183

of 2013 in which cognizance has been taken under Sections 498A,

379/34 I.P.C. read with Sections 3/4 of the Dowry prohibition Act.
Patna High Court Cr.Misc. No.40994 of 2014 dt.11-10-2017

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3. On the last date when the matter was taken up, both the

parties informed this Court that in view of the settlement already

arrived at between the parties this criminal proceeding has to go. This

Court was informed that a compromise has been entered into and the

same has also been acted upon pursuant to which the opposite party

no. 2 has received a sum of Rs. 6,00,000/- (six lakhs) in cash by way

of one-time-settlement and is not willing to continue with the present

case but her grievance was that despite there being an unequivocal

promise made by her husband that he would also be ready to take

steps for divorce, he was not cooperating by putting appearance

before the Sheikhpura court where the matrimonial case is pending.

4. This Court passed a detailed order dated 04.10.2017

recording the submissions of the parties. Today, the Court has been

informed that the husband has already entered appearance in the

matrimonial case pending at Sheikhpura and step is being taken to file

an application under Section 13B of the Hindu Marriage Act for

which the opposite party no. 2 has also arrived from outside and both

the parties shall be signing the petition and filing the same in the court

on 13th October, 2017.

5. Both the parties are, however, raising a doubt against

each other by saying that once this case is disposed of, perhaps one of

them may resile from his/her promise to put an end to the matrimonial
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matter and one of them may avoid participating in the proceeding

before the matrimonial court which will cause harassment to another

party.

6. Both the learned counsel for the petitioners as well as

the opposite party no. 2 are unanimous once again in their approach

that the criminal proceeding need not be continued and it would not

be in the interest of justice to allow further continuance of the

criminal proceeding.

7. In view of the settlement and joint submission this

Court does not see any reason not to set aside the impugned order

against these petitioners. The impugned order dated 02.12.2013

passed by the learned Chief Judicial Magistrate, Sheikhpura in

Barbigha P.S. Case No. 183/2013 is accordingly quashed as against

these petitioners.

8. It is made clear that both the parties shall abide by the

undertakings given by their respective lawyers that their clients would

abide by the dates fixed in the court below for filing of the application

under Section 13B of the Hindu Marriage Act and taking steps for

final culmination of the matter within a reasonable time. In case of

failure of one of them in doing the needful before the court below for

final conclusion of the case it will be a case of breach of the

undertaking and either party would be free to take appropriate steps
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for violation of the undertakings given before this Court.

10. In the nature of the case this Court feels it expedient to

say that the learned Principal Judge, Family Court, Sheikhpura will

ensure speedy disposal of the matter.

11. The application is disposed of with the directions and

observations as above.

(Rajeev Ranjan Prasad, J)
Dilip, AR

AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 12.10.2017
Transmission 12.10.2017
Date

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