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Md. Kaimuddin vs The State Of Bihar on 10 January, 2020

IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84769 of 2019
Arising Out of PS. Case No.- Year-0 Thana- District- Nalanda

Md. Kaimuddin, Son of Chhotan Miyan, Resident of Churari, P.S-
Ekangarsarai in the District of Nalanda.

… … Petitioner/s
Versus

1. The State of Bihar

2. Sakina Khatoon, Daughter of Rafo Miyan, Resident of Sherpur, P.S-

Biharsharif in the District of Nalanda.

… … Opposite Party/s

Appearance :

For the Petitioner/s : Mr.Braj Nandan Kumar Tiwary
For the Opposite Party/s : Mr.Nawal Kishore Prasad

CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR
MISHRA
ORAL JUDGMENT
Date : 10-01-2020

Heard learned counsel for the petitioner and the learned

counsel for the State.

2. This application, under Section 482 of the Code of

Criminal Procedure, has been filed for quashing the order dated

27.09.2018 passed in Misc. No. 06 of 2007, whereby and

whereunder, the learned Principal Judge, Family Court, Nalanda at

Biharsharif, rejected the application of the petitioner filed on

22.02.2016 for disposing of the aforesaid case in the light of

compromise petition filed before this Court in Criminal Revision

No. 471 of 2012 and Criminal Revision No. 382 of 2012.

Patna High Court CR. MISC. No.84769 of 2019 dt.10-01-2020
2/3

3. Learned counsel for the petitioner submits that

opposite party no. 2, Sakina Khatoon, filed Complaint Case No.

163(C) of 1999 for the offence punishable under Section 498A of

the Indian Penal Code against the petitioner, his father, brother and

sister-in-law, in which, petitioner, his father, brother and sister-in-

law were convicted on 16.08.2007 and sentenced to undergo

rigorous imprisonment for two years. Thereafter, against the

aforesaid Judgment and order, they preferred Criminal Appeal No.

168 of 2007/60 of 2010, which was dismissed by the court of

Presiding Officer, Fast Track Court No. III, Nalanda at Biharshrif

and thereafter brother and sister-in-law of the petitioner filed

Criminal Revision No. 471 of 2012 and petitioner and his father

filed Criminal Revision No. 382 of 2012, which was disposed of in

terms of joint compromise petition filed by the parties and the

aforesaid criminal revisions were allowed acquitting the revisionist

of the charges and in the light of compromise petition, the

petitioner paid Rs.3,75,000/- to the opposite party no.2. Thereafter,

the petitioner, who is opposite party no. 2 in Miscellaneous Case

No. 06 of 2007 filed by the opposite party no. 2 in the court of

Principal Judge, Family Court, Nalanda at Biharsharif for

realization of arrear of maintenance filed an application on

22.02.2016 for disposing of the Misc. No. 06 of 2007 in the light
Patna High Court CR. MISC. No.84769 of 2019 dt.10-01-2020
3/3

of compromise petition filed in Criminal Revision No. 471 of 2012

and Criminal Revision No. 382 of 2012 but the said application

has illegally been rejected by the learned Principal Judge, Family

Court, Nalanda at Biharsharif through the impugned order.

4. On perusal of the compromise petition filed on

10.03.2014 in Criminal Revision No. 382 of 2012 and Criminal

Revision No. 471 of 2012, while it is detailed in paragraph 4 that

cordial relation has been restored between the parties and they do

not want to proceed the cases and further have no grievance

against each but it is not detailed in the compromise petition that

Miscellaneous Case filed by the opposite party no.2 for

maintenance has also been compromised in between the parties.

5. As such, I find no illegality in the impugned order

for interference with same by exercising the power under Section

482 of the Code of Criminal Procedure.

6. Accordingly, this application stands dismissed.

(Rajendra Kumar Mishra, J)
Bhardwaj/-

AFR/NAFR NAFR
CAV DATE
Uploading Date 16.01.2019
Transmission Date 16.01.2019

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