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Vikash Kumar Giri & Ors vs State Of Bihar & Anr on 20 June, 2018

IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.20118 of 2016
Arising out of Complaint Case No.-2619(C) Year-2015 Thana- PATNA COMPLAINT CASE
District- Patna

1. Vikash Kumar Giri, Son of Nityanand Giri

2. Nityanand Giri, Son of Kailashpati Giri

3. Urmila Devi @ Urmila Giri, Wife of Nityanand Giri

4. Neeraj Kumar Giri, Son of Nityanand Giri

5. Kamini @ Sobi, Wife of Manish Giri, daughter of Nityanand Giri
All resident of Rajeev Nagar, Ward No. 14, P.S. District –
Gopalganj

6. Manish Giri, Son of Dr. Sudama Giri, R/o village – Tamkuhi, P.S.
Tamkuhi, District – Kushinagar (U.P.)

… … Petitioner/s
Versus

1. The State of Bihar

2. Seema Kumari, D/o Raju Giri, Wife of Vikash Kumar Giri, r/o Giri Tola,
Hajiyapur, Ward No. 26, Gopalganj, P.S. Gopalganj, District – Gopalganj,
Presently residing at Digha Ghat Road, Chauhatta, P.S. Digha, District – Patna

… … Opposite Party/s

with
Criminal Miscellaneous No. 52877 of 2016
Arising out of PS. Case No.-43 Year-2016 Thana- MAHILA P.S. District- Gopalganj

1. Vikash Kumar Giri, son of Nityanand Giri

2. Nityanand Giri, son of Kailashpatti Giri

3. Urmila Giri, wife of Nityanand Giri

4. Neeraj Kumar Giri, son of Nityanand Giri, All residents of
Rajeev Nagar, Ward No. 14, P.S. District – Gopalganj.

… … Petitioner/s
Versus

1. The State of Bihar.

2. Seema Kumari d/o – Raju Giri, wife of Vikash Kumar Giri, r/o Giri Tola,
Hajiyapur, Ward No. 26, Gopalganj, P.S. Gopalganj, District Gopalganj,
presently residing at Digha Ghat Road, Chauhatta, P.S. Digha, District –
Patna.

… … Opposite Party/s

Appearance :

For the Petitioner/s : Mr. Jagnnath Singh, Advocate
Pushkar Kumar Ray, Advocate
For the Opposite Party/s :

CORAM: HONOURABLE THE CHIEF JUSTICE
ORAL JUDGMENT
Patna High Court Cr.Misc. No.20118 of 2016 dt.20-06-2018
2/4

Date : 20-06-2018

Both these applications by the applicants have been

filed for quashing the proceedings initiated against them by

Respondent No. 2 wife of Sri Vikash Kumar Giri Petitioner No.

1. Petitioner No. 2 Nityanand Giri and Petitioner No. 3 Urmila

Giri are the parents of Petitioner No. 1 Vikash Kumar Giri and

Petitioner No. 3 Niraj Kumar Giri is son of Sri Nityanand Giri.

Inter alia contending that the proceedings initiated

under Sections 498A, 406 and 494, 313/34 of the Indian Penal

Code are unsustainable, these applications have been filed for

quashing the proceedings under Section 481 Cr.P.C.

During the pendency of the matter, parties have

settled the dispute amicably between them and in Matrimonial

Case No. 37 of 2015, pending in the court of Principal Judge,

Family Court, Gopalganj the issue has been settled in terms of

the compromise entered into between the parties vide Annexure-

9 and 9/1 to the supplementary affidavit filed in Cr. Misc. No.

20118 of 2016. It has been agreed by the parties that the

marriage be dissolved amicably and as a one time settlement

towards permanent alimony a sum of Rs. 3,50,000/- shall be

paid which has been deposited by the applicants in the court of

Principal Judge, Family Court, Gopalganj.
Patna High Court Cr.Misc. No.20118 of 2016 dt.20-06-2018
3/4

I have gone through the settlement between the

parties and the question is as to whether now the application for

quashing the proceedings on the basis of the compromise can be

permitted or not in view of the fact that the offence under

Section 498A I.P.C. is non-compoundable in view of the

provisions of Section 320 Cr.P.C.

The issue has been considered by the Supreme

Court in the case of B.S. Joshi Ors. Vs. State of Haryana

Anr. 2003(3) Supreme 227 and in Paragraphs 13,14,15 and 16

the powers to be exercised by the High Court under Section 482

Cr.P.C. in such matters have been crystallized.

Taking note of the aforesaid and the agreement

entered into between the parties, I see no reason to exercise the

jurisdiction in this case as the compromise entered into between

the parties is in the interest of all concerned and is a resolution

of all the matrimonial disputes between the parties.

Keeping in view the aforesaid, these applications

are allowed. Complaint Case No. 2619(C)/2015 pending in the

court of Mrs. Shema Eram, Judicial Magistrate, 1st Class, Patna

and Gopalganj Mahila P.S. Case No. 43/2016, G.R. No.

3351/2016 are quashed. The applications are disposed of in

terms of the compromise entered into between the parties and on
Patna High Court Cr.Misc. No.20118 of 2016 dt.20-06-2018
4/4

the respondent wife producing a certified copy of this order, the

learned Principal Judge, Family Court, Gopalganj shall release

to her the amount of Rs. 3,50,000/- deposited in the court

forthwith. In case the amount has been deposited by cheque or

Demand Draft, as the case may be, the court shall obtain a fresh

cheque/Demand Draft from the applicant and ensure payment of

the amount within 15 days of production of a certified copy of

this order.

With the aforesaid, both the applications stand

allowed and disposed of.

(Rajendra Menon, CJ)
P.K.P./-

AFR/NAFR N.A.F.R.
CAV DATE N.A.
Uploading Date 26-06-2018
Transmission Date 26-06-2018

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