Dhirendra Kumar And ORS v. State Of Bihar And ANR
Patna High Court Cr.Misc. No.21547 of 2016 (03) dt.02-09-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.21547 of 2016 Arising Out of PS.Case No. -268 Year- 2013 Thana -BRAHMPURA District- MUZAFFARPUR ======================================================
1. Dhirendra Kumar S/o Shri Daya Kumar Lal Das,
2. Daya Kumar Lal Das, S/o Late Ramanand Lal Das
3. Kumud Kumari @ Kumud Das W/o Daya Kumar Lal Das
4. Jayendra Kumar S/o Shri Daya Kumar Lal Das
5. Gyanendra Kumar S/o Shri Daya Kumar Lal Das All residents of village Bharwara, P.S. Singhwara, District- Darbhanga .... .... Petitioner/s
Versus
1. The State of Bihar
2. Shweta Karn, W/o Dhirendra Kumar, r/o Karn Neuro Care Centre, Shanichara Sthan, P.S.- Brahmpura, District- Muzaffarpur. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Harsh Singh-Advocate For the Opposite Party : Mr. Dineshwar Mishra-Advocate Mr. R. P. Sahay-Advocate For the State : Mr. Nand Kumar (A.P.P.) ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 02-09-2016 Heard learned counsel for the petitioners as well as learned counsel for the opposite party no.2 along with learned Additional Public Prosecutor.
2. It is needless to say that parties are couple. Having differences during course of their marital life, they not only part with rather also indulged in different kind of activities whereupon divorce case as well as present criminal case cropped up. As is evident, petitioners have challenged the order dated 16.04.2016 passed by the S.D.J.M., (East) Muzaffarpur in connection with Trial No. 2146 of 2016 arising out of Brahampura P. S. Case no.268 of 2013 whereby and whereunder prayer for discharge has been rejected. Simultaneously, as is evident, Matrimonial (Divorce) Suit is also
Patna High Court Cr.Misc. No.21547 of 2016 (03) dt.02-09-2016 pending bearing No.21 of 2015. Relevant order sheets have been brought up relating to the aforesaid Divorce Case under I.A. No.1773 of 2016 wherefrom it is evident vide order dated 20.08.2016 that talk for compromise begin amongst the couple and in pursuance thereof, as is evident from the order dated 24.08.2016, Bank Draft of Rs.11,60,000/- had already been deposited before the Court.
3. In the aforesaid background, learned respective counsels have stated that compromise petition in the criminal case is also going to be filed. That being so, the learned lower Court will accept the compromise petition, in case so filed, having duly presence of respective parties. In the background of nature of dispute being that of marital one and for that, times without number it has been held that it happens to be individual cause whereupon compromise could be effected upon. Furthermore, the nature of non-compounding offence should not be treated as hindrance during course thereof.
4. With the aforesaid observation, instant petition along with I.A. No.1773 of 2016 is disposed of.
(Aditya Kumar Trivedi, J) Vikash/- U T