IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.27972 of 2016
Arising Out of PS.Case No. -91 Year- 2013 Thana -KASHICHAK District- NAWADA
1. Arbind Kumar son of Gopal Prasad
2. Gopal Prasad son of Bisheshwar Lal
3. Kanhaiya Lal @ Kanhaiya Kumar son of Gopal Prasad
4. Sneha @ Guriya Kumari daughter of Gopal Prasad
Petitioner No.1 to 4 are resident of village- Telwa, P.S.- Simultalla,
5. Suraj Kumar son of Kedar Lal
6. Kiran Devi wife of Suraj Kumar
7. Vijay Prasad son of Awadh Narayan Lal
8. Sarita Barnwal @ Sarita Devi wife of Vijay Prasad
Petitioner No.5 to 8 are resident of Mahalla-Dalsinghsarai Kali Sthan, Main
Bazar, P.S. Dalsinghsarai, District-Samastipur
…. …. Petitioner/s
1. The State of Bihar
2. Neelam Kumari daughter of Mahesh Prasad, resident of village- Daulachak,
Kashichak Bazar, P.S.- Kashichak, District-Nawadah
…. …. Opposite Party/s
For the Petitioner/s : Mr. Arun Kumar, Advocate
: Mr. Dr. Anjani Prasad Singh, Advocate
For the State : Mr. Jharkhandi Upadhyay, APP
CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH
This application under Section 482 of the Code of Criminal
Procedure has been filed by the petitioners for quashing the order
dated 07.05.2016 passed in Kashichak P.S.Case No.91 of 2013 by the
learned Judicial Magistrate, 1st Class, Nawadah whereby the
petitioners have been summoned to face trial for the offences
4 of the Dowry Prohibition Act.
2. The afore-stated Kashichak P.S. Case No.91 of 2013 was
instituted on 05.12.2013 by Opposite Party No.2 Neelam Kumari
against her husband Arbind Kumar (petitioner no.1) and his relatives
for subjecting her to cruelty for non-fulfillment of dowry demand.
After completion of investigation, the police submitted charge-sheet
against the accused persons for the offences punishable under Section
498A of the Indian Penal Code and Section 4 of the Dowry
Prohibition Act. After going through the materials available on record,
the learned Magistrate took cognizance of the offences punishable
order dated 07.05.2016.
3. It has been submitted by the learned counsel for the
petitioners that the entire dispute arose out of matrimonial discord and
incompatibility. However, during pendency of the application before
this Court, at the intervention of common relatives and well wishers,
good senses prevailed and an amicable settlement has been arrived at
between the parties. They have come to the conclusion that in view of
their temperamental differences it is not possible for them to continue
the matrimonial relationship. They have decided to live apart and
bring an end to all the litigations between the parties. He submitted
that in view of the amicable settlement, the petitioners have got
Patna High Court Cr.M isc. No.27972 of 2016 dt.16-07-2018
prepared a bank draft of rupees two lacs fifty thousand in the name of
opposite party no.2 drawn at Bank of Baroda, Patna vide D.D.
No.024701 dated 12.07.2018, which has been handed over to the
learned counsel appearing for the opposite party no.2. A joint
compromise petition has also been filed in this regard. He further
submitted that in terms of the compromise the petitioner no.1 has
agreed that rupees fifty three thousand deposited by him in the Court
of Sub Divisional Judicial Magistrate, Nawadah as a condition for
grant of bail be also released in favour of the complainant.
4. Dr. Anjani Prasad Singh, learned counsel appearing for
opposite party no.2, has acknowledged the factum of compromise
between the parties and receipt of the aforestated demand draft. He
submitted that the settlement between the parties is voluntary in
nature and the informant does not want to proceed with the
matrimonial case against the petitioners any further.
5. Considering the above submissions made on behalf of the
parties and the averments made in the supplementary affidavit jointly
filed on behalf of the parties, it is amply clear that the parties have
settled their disputes amicably outside the court.
6. Keeping in mind the ratio laid down by the Supreme
Another [(2013) 4 SCC 58], since the entire controversy had arisen
due to domestic and matrimonial discord and differences and since the
matter has been amicably settled and the informant is not willing to
pursue the matter any further, this Court is of the view that no useful
purpose would be served by continuing with the trial of the case.
7. Consequently, the impugned order of cognizance dated
07.05.2016 and the entire criminal proceedings of Kashichak P.S.
Case No. 91 of 2013 are hereby quashed.
8. The application stands allowed.
9. The learned Sub Divisional Judicial Magistrate,
Nawadah is directed to release the amount deposited in his court by
petitioner no.1 in favour of opposite party no.2 forthwith.
(Ashwani Kumar Singh, J)
CAV DATE N.A.
Uploading Date 21.07.2018