Ramanand Soren v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4953 of 2020 Arising Out of PS. Case No.-2472 Year-2018 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== 1.
Ramanand Soren Son Of Late Hapan Chandra Soren Resident of Mohalla - Gourkhuti, Near Kali Mandir, P.O.- Bhowra, P.S.- Sudamdih, DistrictDhanbad 2.
Asha Soren Wife of Ramanand Soren Resident of Mohalla - Gourkhuti, Near Kali Mandir, P.O.- Bhowra, P.S.- Sudamdih, District- Dhanbad 3.
Swapan Soren Son of Ramanand Soren Resident of Mohalla - Gourkhuti, Near Kali Mandir, P.O.- Bhowra, P.S.- Sudamdih, District- Dhanbad ... ... Petitioners
Versus
1.
The State of Bihar 2.
Ramni Soren @ Ramni Tudu Wife of Swapan Soren, D/O - Sri Chote Lal Tudu At present residing at H/O Vijay Prasad Rajak, Akashwani Marg, P.S.- Rajeev Nagar, Patna ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Ms/Mrs. Vagisha Pragya Vacaknavi, Advocate For the State :
Mr.Suman Kumari Singh, Addl Public Prosecutor for opposite party no.2 Mr. Satyendra Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-12-2022 Heard learned counsel for the petitioners, the State and opposite party no.2.
This application has been filed for quashing entire criminal proceeding arising out of Complaint Case No. 2472C/2018 instituted by opposite party no.2 in the Court of Chief Judicial Magistrate, Patna on 11.6.2018, presently pending in the Court of Sub Divisional Judicial Magistrate, Patna, for the offence punishable under sections 498A/34 of the IPC and sections 3⁄4 of the Dowry Prohibition Act. It is submitted by learned counsel for the petitioners that by intervention of well wishers dispute have amicably been settled between the parties and to this effect they have jointly filed a petition for dissolution of their marriage by a decree of divorce bearing Matrimonial Case No.239 of 2022 before the Court of Principal Judge, Family Court, Patna. A copy of the
Patna High Court CR. MISC. No.4953 of 2020(2) dt.01-12-2022 2/2 petition is contained in supplementary affidavit dated 22.11.2022.
Contention of learned counsel for the petitioners is not disputed by learned counsel appearing for opposite party no.2.
In view of the nature of dispute and the aforesaid development made during pendency of the quashing petition, continuance of the proceedings in the instant case would be nothing but abuse of process of court.
Considering this aspect of the matter, entire criminal proceeding arising out of Complaint Case No. 2472C/2018 pending before the Court below, is quashed with respect to all the three petitioners.
Quashing petition is thus disposed of.
Needless to state that the learned Principal Judge, Family Court, Patna would take steps for disposal of the matrimonial case as early as possible.
(Prabhat Kumar Singh, J) Shashi U T