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Prashant Kumar Jha And Ors vs State Of Bihar And Anr on 23 April, 2019

IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 3040 of 2015
Arising Out of Complaint Case No.-1126 Year-2014 Thana- MADHUBANI COMPLAINT
CASE District- Madhubani

1. Prashant Kumar Jha Son of Sri Govind Jha.

2. Govind Jha S/o Late Parsuram Jha.

3. Sheela Jha @ Sheela Devi Wife of Sri Govind Jha.

All are Resident of Village-Soathgaon, P.S.-Harlakhi, District-Madhubani.

4. Arun Mishra S/o Late Anup Mishra, Resident of Village-Awada, P.S-

Saharghat, District-Madhubani.

5. Anjana Jha @ Anjana Kumari Wife of Tarun Jha, Resident of Village-

Gobarahi, P.S-Deodha, District-Madhubani.

6. Ranjana Jha @ Ranjana Kumari Wife of Sri Pramodanand Jha, Resident of
Village-Uchchal, P.S-Basopatti, District-Madhubani.

… … Petitioner/s
Versus

1. The State of Bihar

2. Kalyani Jha Wife of Prashant Kumar Jha, Resident of Village-Sothegaon,
P.S-Harlakhi, District-Madhubani. At present Hanuman Colony Stadium
Road, Madhubani,P.S. and District-Madhubani.

… … Opposite Party/s

Appearance :

For the Petitioner/s : Mr. Ratnakar Jha, Advocate
For the Opposite Party/s : Mr. Purushottam Jha and
Mr. Vikmesh Kumar Jha, Advocates
For the State : Mr. Pradip Nr. Kumar, APP

CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN
AMANULLAH
ORAL JUDGMENT
Date : 23-04-2019

Heard learned counsel for the petitioners; learned APP

for the State and learned counsel for the opposite party no. 2.
Patna High Court CR. MISC. No.3040 of 2015 dt.23-04-2019
2/4

2. The petitioners have moved the Court under Section

482 of the Code of Criminal Procedure, 1973 (hereinafter referred

to as the ‘Code’) for the following relief:

“That, this is an application for
Quashing of the order dated 12.09.2004 passed
in connection with Complaint Case No. 1126 of
2014 corresponding to Enquiry No. 108/14 by Sri
M. K. Srivastwa learned judicial Magistrate 1st
Class Madhubani whereby and where under he
has been pleased to take cognizance of the
offences under Section 498A/34 of IPC read with
section 3/4 of Dowry Prohibition Act against all
the aforesaid petitioner as such prima facie case
is made out under the aforesaid section against
them.”

3. The matter relates to matrimonial dispute and

allegations have been levelled by the opposite party no. 2, who is

wife of the petitioner no. 1, in Complaint Case No. 1126 of 2014

filed by her, in which cognizance has been taken under Sections

498A/34 of the Indian Penal Code and 3/4 of The Dowry

Prohibition Act, 1961.

4. Earlier the matter was sent to the mediation center of

the Patna High Court and pursuant thereto a report has been

submitted by Mr. Anup Kumar, learned mediator dated 29.01.2018

stating that the dispute between the parties has been settled. The

Court deems it appropriate to reproduce the terms and conditions

of such settlement which reads as under:
Patna High Court CR. MISC. No.3040 of 2015 dt.23-04-2019
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“1.That, the petitioner is ready to keep her
wife and three children with great respect and full
protection with dignity.

2. That, petitioner is ready to hand over
his monthly salary to his wife in her account No.
2515000101150746 Punjab National Bank,
Madhubani and live at the petitioner’s house after
normaley of the situation since the dispute become
normal at the rental residential house of mother of
opposite party No. 2

3. That, the first party will take full care of
his children with respect to their education, health
maintenance and other.

4. That, the opposite party No. 2 (wife)
also take care of her husband.

5. That, with the consent of the parties
they are ready to give respect their parents.

6. That, now both the parties are ready to
withdraw all the cases either in the Civil Court,
Family Court or Hon’ble Court or anywhere.

7. That the above contents of the
agreement have been read over and explained to
them in Hindi, which have fully been understood
and accepted the same.

8. That in the above terms and conditions
a settlement has been arrived at between the parties
and both have signed in presence of learned
Mediator.”

5. Having regard to the aforesaid, the Court finds that

the criminal case is now required to be interfered with under its

inherent power under Section 482 of the Code.

6. Accordingly, the application is allowed. The entire

criminal proceeding arising out of Complaint Case No. 1126 of

2014 (Enquiry No. 108 of 2014) including the order taking

cognizance dated 12.09.2004 passed by the Judicial Magistrate 1st
Patna High Court CR. MISC. No.3040 of 2015 dt.23-04-2019
4/4

Class, Madhubani, stands quashed, subject to the parties adhering

to the terms of the settlement as reproduced above.

(Ahsanuddin Amanullah, J.)

Anand Kr.

AFR/NAFR
U
T

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