Archana Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13283 of 2020 Arising Out of PS. Case No.-131 Year-2018 Thana- MAHILA P.S. District- Nalanda ====================================================== ARCHANA KUMARI, W/o Mritunjay Kumar, D/o Bipin Kumar Singh, Resident of Village- Cheran Harnaut, Patel Nagar, P.S.- Harnaut, Dist.- Nalanda at Biharsharif.

... ... Petitioner

Versus

1.

The State of Bihar.

2.

Mritunjay Kumar, Son of Suresh Kumar, Resident of Village- Barah, P.S.- Kalyan Bigha, Dist.- Nalanda at Biharsharif.

... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajendra Kumar Jain, Advocate For the State :

Mr. Md. Aslam Ansari, APP For the Opp. Party No.2 :

Mr. Shashank Shekhar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 16-02-2022 Heard learned counsel for the parties through video conferencing.

This application has been filed for cancellation of bail granted to the opposite party no.2 vide order dated 09.01.2020 passed in Criminal Miscellaneous No.65634 of 2019.

It has jointly been submitted by the parties that pursuant to earlier order dated 01.02.20222 of this Court, both the parties have arrived into a settlement and they do not want to pursue their matrimonial differences. It has also been submitted that the opposite party no.2 (husband) has paid Rs.6,00,000/-

Patna High Court CR. MISC. No.13283 of 2020(8) dt.16-02-2022 2/2 and returned all the articles to the petitioner (wife) and now, the petitioner is fully satisfied and she does not want to pursue the criminal case.

In view of the aforesaid facts, the F.I.R. i.e. Mahila P.S. Case No. 131 of 2018 pending in the Court of learned Chief Judicial Magistrate, Biharsharif, Nalanda, is hereby quashed. It has been informed that the opposite party no.2 namely, Mritunjay Kumar, has filed a divorce case i.e. Matrimonial Case No. 1245 of 2018 before the Principal Judge, Family Court, Patna and this case is pending since 2018. In view of compromise between the parties, this case is also directed to be concluded within a period of six months from today in accordance with law. If the parties file an application for divorce by mutual consent, the Court below will consider the same expeditiously and dispose of the divorce case without unnecessarily adjourning the case.

With the aforesaid observations and directions, this application is disposed of.

(Sandeep Kumar, J) pawan/- U