Patna High CourtCR. MISC./32177/2013disposed

Md. Mumtaj Alam And ORS v. State Of Bihar And ANR

2017-01-09Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32177 of 2013 ======================================================

1. Md. Mumtaj Alam, Son of Md. Amanullah, Resident of Village - Raipur(Chor), P.S. - Baddi, (O.P. Baddi) Dist. - Rohtas

2. Md. Amanullah, Son of Late Abdul Rashid, Resident of Village - Raipur(Chor), P.S. - Baddi, (O.P. Baddi) Dist. - Rohtas

3. Mahru Nisha, Wife Of Md. Amanullah, Resident of Village - Raipur(Chor), P.S. - Baddi, (O.P. Baddi) Dist. - Rohtas

4. Sadam Hussain @ Md. Sadam Hussain, Son of Md. Amanullah, Resident of Village - Raipur(Chor), P.S. - Baddi, (O.P. Baddi) Dist. - Rohtas

5. Juhi Khatun @ Juhi Chawla, D/O Md. Amanullah, Resident of Village - Raipur(Chor), P.S. - Baddi, (O.P. Baddi) Dist. - Rohtas .... .... Petitioners

Versus

1. The State Of Bihar

2. Alam Arra @ Ruby Khatun, D/O Mumtaj Alam, Resident of Village - Barun (Khamda), P.S. - Barun, District - Aurangabad (Bihar) .... .... Opposite Parties ====================================================== Appearance:

For the Petitioners : Mr. Raghunandan Kr. Singh, Advocate For the Opposite Parties : Mr. Amit Kr. Rakesh(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 09-01-2017 It has been submitted on behalf of both the parties that settlement has taken place between the husband and wife and they are living together. In support of such statement, there is no affidavit on record.

Be that as it may, the instant criminal miscellaneous case has been filed against the order dated 13.05.2013 passed by learned S.D.J.M, Aurangabad, by which learned Magistrate has taken cognizance against the petitioners under section 498-A of the Indian Penal Code and Section 3⁄4 of Dowry Prohibition Act.

Patna High Court Cr.Misc. No.32177 of 2013 (4) dt.09-01-2017 2/2 The submission has been made that both the parties are living together. In such circumstances the instant application is disposed of with direction to the petitioners to appear in the court below and in the event, the court below is satisfied that both the parties are living together after proper settlement and there is no grievance between them, the court below shall pass final order in the case in accordance with law within six months after appearance of the parties.

(Sanjay Priya, J.) ravi/- U T