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Patna High CourtCR. MISC./13774/2021disposed

Indira Devi v. The State Of Bihar

2022-04-28Mr. Justice Purnendu Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13774 of 2021 Arising Out of PS. Case No.-108 Year-2019 Thana- MAHILA P.S. District- Madhubani ====================================================== 1.

INDIRA DEVI Wife of Sri Bhupendra Jha Resident of Village- Hanuman Nagar, P.S.- Pandaul, District- Madhubani.

2.

Bhupendra Jha Son of Late Vishnu Chandra Jha Resident of VillageHanuman Nagar, P.S.- Pandaul, District- Madhubani. 3.

Prakash Chandra Jha Son of Sri Bhupendra Jha Resident of VillageHanuman Nagar, P.S.- Pandaul, District- Madhubani. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Jyoti Jha Wife of Prakash Chandra Jha Resident of Mohalla- Sankat Mochan Colony, Eastern Side, P.S.- Madhubani, District- Madhubani. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shailendra Kumar Jha For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 28-04-2022 Heard the parties.

The present application has been filed on behalf of the petitioners under Section 482 of Cr.P.C. for quashing the F.I.R. of Madhubani Mahila P.S. Case No. 108 of 2019 which has been lodged for the alleged offences under Sectiions 323, 341, 498(A)/34 of the Indian Penal Code.

Sri Shailendra Kumar Jha, learned counsel appearing on behalf of the petitioners submits that the Opposite Party No. 2 Smt. Jyoti Jha, who is the wife of the petitioner no.3 had settled the dispute in connection with Madhubani P.S. Case No. 108 of 2019 with her husband before the mediator of this Court. The mediation report is dated 17.12.2021. However, subsequent to the

Patna High Court CR. MISC. No.13774 of 2021(2) dt.28-04-2022 2/2 said compromise the present case has been again lodged by suppressing the said fact.

Considering the aforesaid submission made on behalf of the petitioner, the petitioner is directed to file a detailed application before the Court below bringing on record the order dated 17.12.2021 passed by the Mediator.

Mediation report dated 17.12.2021 had been submitted in Cr. Misc. No. 24896 of 2019 on which basis, this Court had passed order dated 23.12.2021 considering the fact that both informant and petitioner no.3 are living happily and there is no matrimonial dispute, the petitioner was enlarged on bail on terms and conditions mentioned in the said order.

The matter relates to matrimonial dispute, the Court below is directed to take endeavour till last to enable the parties to lead happy matrimonial life.

With the aforesaid observation, the present application is disposed of.

(Purnendu Singh, J) Niraj/- U T