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Kamlesh Kumar vs State Of Bihar And Anr on 9 August, 2019

IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24610 of 2016
Arising Out of PS. Case No.-917 Year-2013 Thana- PATNA COMPLAINT CASE District-
Patna

Kamlesh Kumar son of Devendra Prasad. Resident of Mohani Nagar, Near
Hari Niwas, P.S.- Hawai Adda, Shekhpur, District- Patna.

… … Petitioner/s
Versus

1. State Of Bihar

2. Khusbu Kumari @ Pushpa Kumar, Wife of Kamlesh Kumar, daughter of
Late Bhola Prasad, resident of C/o- Most. Asha Devi, Gola Road, Jhakhuri,
Mahadeo, Police Station- Danapur, District- Patna.

… … Opposite Party/s

with
CRIMINAL MISCELLANEOUS No. 26037 of 2016
Arising Out of PS. Case No.-917 Year-2013 Thana- PATNA COMPLAINT CASE District-

Patna

1. Devendra Prasad S/o late Ram Kishun Ram

2. Smt. Geeta Devi W/o Sri Devendra Prasad. Both Resident at L4 /25, I.S.W.P.

Colony, Indira Nagar, Jamshedpur, Police Station- Telco, District- East
Singhbhum (Jharkhand).

… … Petitioner/s
Versus

1. State Of Bihar

2. Khusbu Kumari @ Pushpa Kumari Wife of Kamlesh Kumar, daughter of
Late Bhola Prasad. Resident of C/o Most Asha Devi, Gola Road, Jhakhuri,
Mahadeo, Police Station- Danapur, District- Patna.

… … Opposite Party/s

Appearance :

(In CRIMINAL MISCELLANEOUS No. 24610 of 2016)
For the Petitioner/s : Mr.Ravinesh, Advocate
For the Opposite Party/s : Mr.Arun Kumar, A.P.P.
For the Complainant : Mr.Manish Kumar No.13, Advocate
Mr.Rohit Kumar, Advocate
(In CRIMINAL MISCELLANEOUS No. 26037 of 2016)
For the Petitioner/s : Mr.Ravinesh, Advocate
For the Opposite Party/s : Mr.Anusaiya Jaiswal, A.P.P.
For the Complainant : Mr.Manish Kumar No.13, Advocate
Mr.Rohit Kumar, Advocate

Patna High Court CR. MISC. No.24610 of 2016 dt.09-08-2019
2/3

CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR
ORAL JUDGMENT
Date : 09-08-2019

Heard learned counsel for the parties.

2. Both the aforesaid applications have been filed

under Section 482 of the Code of Criminal Procedure, for

quashing the order of cognizance dated 05.10.2013, passed by the

learned Sub-Divisional Judicial Magistrate, Danapur, Patna in

Complaint Case No.917 of 2013.

3. The complaint case was brought by opposite party

No.2 against the petitioners for the offences under Sections 498A

and Section323 of the Indian Penal Code as well as Section 4 of the

Dowry Prohibition Act.

4. Today, a joint compromise petition has been filed on

behalf of petitioner, Kamlesh Kumar, who is the husband of

opposite party No.2 and opposite party No.2, namely, Khusbu

Kumari @ Pushpa Kumari.

5. Though the joint petition is not very detailed,

however, it has been informed to the Court along with relevant

papers that both the spouse had filed Matrimonial Case No.1293

of 2015 in the court of learned Principal Judge, Family Court,

Patna, under Section 13B of the Hindu Marriage Act and in that

petition for divorce with mutual consent it is mentioned that the

husband would pay Rs.1,60,000/- (Rupees One Lac and Sixty
Patna High Court CR. MISC. No.24610 of 2016 dt.09-08-2019
3/3

Thousand) as permanent alimony. However, the permanent

alimony was not paid and the Pairvy of the case was also left by

the parties. Hence, petition under Section 13B of the Hindu

Marriage Act was dismissed for default on 01.08.2018.

6. Thereafter, during hearing of these applications, the

parties agreed that the husband would pay Rs.2,00,000/- (Rupees

Two Lacs) as permanent alimony. The said amount has been paid

to opposite party No.2 in open Court through Bank Draft. The

details of the draft is mentioned in the joint petition.

7. Since the parties have agreed that they do not want

to go with the criminal prosecution which arises out of

matrimonial dispute, hence, the cognizance order under challenge

stands quashed to prevent the abuse of process of the court and

both these applications stand allowed, accordingly,

8. The parties have mutually agreed for divorce against

each other. Hence, their marriage shall be treated as dissolved

from today, with payment of permanent alimony.

(Birendra Kumar, J)
abhishek/-

AFR/NAFR NAFR
CAV DATE N.A.
Uploading Date 13.08.2019
Transmission Date 13.08.2019

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