IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.15809 of 2012
Arising Out of PS.Case No. -0 Year- null Thana -null District- PATNA
1. Sanjay Kumar Sinha S/O Late Tulsi Prasad Sinha R/O Jagriti Nagar, Ashiana
Road, P.S. Rajiv Nagar, Distt. – Patna
…. …. Petitioner/s
Versus
1. The State Of Bihar
2. Dr. Sarita Sinha W/O Sanjay Kumar Sinha R/O Jagriti Nagar, Ashiana Road,
P.S. Rajiv Nagar, Distt. – Patna
…. …. Opposite Party/s
Appearance :
For the Petitioner/s : Mr. Sandeep Kumar, Advocate
For the Opposite Party/s : Mr. Shyam Kr. Singh, APP
CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR
ORAL JUDGMENT
Date: 07-09-2017
Heard learned counsel for the petitioner and learned
Additional Public Prosecutor appearing for the State.
2. The petitioner is husband of Opposite Party No.2.
Opposite Party No.2 had filed Complaint Case No.1746(C) of 2011
wherein cognizance was taken against the petitioner for the offence
under Section 498A of the Indian Penal Code on 08.12.2011 by Smt.
Reshma Verma, learned Judicial Magistrate, Patna. The aforesaid
order is under challenge in this application.
3. The order dated 12.09.2012 reveals that the parties
agreed for restoration of their matrimonial relationship. Accordingly,
further proceeding of complaint case was stayed. The Opposite Party
Patna High Court Cr.Misc. No.15809 of 2012 dt.07-09-2017
P2/
No.2 has not appeared to oppose the prayer probably for the reason of
the aforesaid order and considering the chances of restoration of
conjugal life.
In the circumstances, continuance of the criminal
prosecution before the Court-below would thwart the chances of
amicable settlement between the parties. Hence, for the ends of
justice the same cannot be allowed. Accordingly, the impugned order
including the entire criminal prosecution against the petitioner stands
quashed and this application stands allowed.
(Birendra Kumar, J)
Mkr./-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 11.09.2017
Transmission 11.09.2017
Date
