Vijay Kumar Jha @ Vijay Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25512 of 2022 In CRIMINAL MISCELLANEOUS No.6772 of 2021 Arising Out of PS. Case No.-18 Year-2020 Thana- MAHILA P.S. District- Samastipur ====================================================== VIJAY KUMAR JHA @ VIJAY JHA Son of Sri Anand Kumar Jha Resident of Village- Padaiya Bathna, P.S.- Kurhani, District- Muzaffarpur, at present residing at Sector 52A, Dhoni Chowk, Wazirabad (Haryana). ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Pushpa Jha Wife of Vijay Kumar Jha @ Vijay Jha, Daughter of Nagendra Jha Resident of House No. D-78, Krishnapuri (West from B.Ed.College), Ward No. 8, P.S.- Samastipur Muffasil, District- Samastipur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Alka, Advocate For the Opposite Party/s :

Mr. Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 18-01-2023 Heard the parties.

A compromise petition has been filed by both the parties in this case and it has been submitted by them that both the parties have settled their dispute finally and the petitioner has given the amount of Rs. 25 lakh to the opposite party no.2. Learned counsel for the opposite party no.2 (Sri Shushil Kumar Jha) supports this fact that payment has been made to the opposite party no.2.

The petitioner has already got divorce from a competent Family Court, in Bina, Madhya Pradesh. In these circumstances, the parties have agreed to

Patna High Court CR. MISC. No.25512 of 2022(7) dt.18-01-2023 2/2 terminate the proceedings of Cr. Misc. No. 6772 of 2021 in view of the judgment of the Supreme Court in the case of B.S. Joshi & Ors vs State Of Haryana & Anr reported in (1998) 1 SCC 692.

Earlier, it has been undertaken that if the entire amount is paid to the wife, she will withdraw all the cases which have been registered against the husband and his family members.

Learned counsel for the opposite party no.2 undertakes that the wife will withdraw the M.J.C. No. 30 of 2022 filed in Bina, District Sagar, Madhya Pradesh as the amount of Rupees Twenty Five Lakh has already been paid to the wife. It is further submitted that opposite party no.2 will withdraw the Maintenance Case No. 15 of 2022 pending in the Court of Principal Judge, Family Court, Samastipur. Accordingly, the Mahila P.S. Case No. 18 of 2020 filed for the offences punishable under Sections 323/34/341/498A/504/506 of the Indian Penal Code is hereby quashed.

(Sandeep Kumar, J) Guddu/- U T