Umesh Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27799 of 2021 Arising Out of PS. Case No.-942 Year-2019 Thana- AGAMKUAN District- Patna ====================================================== UMESH SINGH Son of Late Kapildeo Singh Resident of Village - Leela Grih, Shivpuri, P.S.- Shastri Nagar, Distt.- Patna. ... ... Petitioner/s
Versus
1.
The State of Bihar Bihar 2.
Priya Saurav W/o Kumud Ranjan Resident of Village - Leela Grih, Shivpuri, P.S.- Shastri Nagar, Distt.- Patna. at present - Bhutnath V.H. Colony, Near - Amarnath Temple, Laxmi Narayan market, P.s.- Agamkuan, Distt.- Patna. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vishwajeet Kumar Mishra For the Opposite Party/s :
Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 11-04-2023 Heard the parties.
This application has been filed for quashing the order dated 14.12.2020 passed by the learned Additional Chief Judicial Magistrate-I, Patna City in Agamkuan P.S. Case No. 942 of 2019(G.R. No. 5342 of 2019).
"The prosecution story in short is that marriage of informant Priya Saurav was solemnized on 08.03.2018 with Kumud Ranajan who is the son of the petitioner. At the time of marriage dowry of Rs. 31 lacs cash along with one XUV 500 vehicle worth Rs. 22 lacs and gifts of 15 lacs were given. After marriage when the informant reached her matrimonial home she was harassed by her sister-in-laws and brother-in-laws to bring Rs. 10 lacs more. Due to the consistent harassment and
Patna High Court CR. MISC. No.27799 of 2021(8) dt.11-04-2023 2/3 bad behaviour of the in-laws she fell ill and was admitted in a hospital. After getting well she went to her husband's workplace to live with him but after living for a short period she was again sent back to Patna. Again due to the bad behaviour of her inlaws she went to her husband's workplace at Sigrauli on 11.06.2019 and on 16.07.2019 she gave an application in the office of the husband for grant of maintenance and came back to Patna. The Specific allegation against the petitioner, who is father-in-law of the informant is that when on 16.07.2019 she came back from Sigrauli to Patna, the petitioner along with other in-laws did not allow to enter her in the house." Learned counsel for the petitioner has filed an affidavit bringing on record the petition dated 12.04.2022 filed in the Court of Principle Judge Family Court, Patna in Matrimonial(Divorce) Case No. 959 of 2022.
Paragraph 11 of the supplementary affidavit reads as follows:- "That it has also been decided between the parties that they will withdraw all the cases filed against each-other whether known or unknown in stipulated time for six months."
In view of the statement of the girl in the Court of Principle Judge Family Court, Patna, no useful purpose will be served by keeping this case pending.
Patna High Court CR. MISC. No.27799 of 2021(8) dt.11-04-2023 3/3 In these circumstances, this application is allowed. Accordingly, the order dated 14.12.2020 passed by the learned Additional Chief Judicial Magistrate-I, Patna City in Agamkuan P.S. Case No. 942 of 2019(G.R. No. 5342 of 2019) is hereby quashed as well as in view of the settlement of the dispute between the parties, the entire prosecution of the petitioner and other co-accused persons in Agamkuan P.S. Case No. 942 of 2019 is also hereby quashed.
(Sandeep Kumar, J) Shishir/Vikas U