Shailendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20339 of 2023 Arising Out of PS. Case No.-3 Year-2019 Thana- MAHILA PS District- Jehanabad ====================================================== SHAILENDRA SINGH Son of Shri Umesh Narayan Singh R/o -Quarter No. 2612, Street- 39, Sector- 8C, Bokaro Steel City, P.S- Harla, Dist- Bokaro (Jharkhand) ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Poonam Kumari Daughter of Shri Vinay Kumar Singh R/V- Sarmastpur, PSKarpi, Dist- Arwal(Bihar) ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 20182 of 2023 Arising Out of PS. Case No.-3 Year-2019 Thana- ARWAL MAHILA District- Jehanabad ====================================================== 1.

KANTI DEVI @ SAVITRI DEVI Wife of Shri Umesh Narayan Singh R/o Quarter No. 2612, Street - 39, Sector- 8C,Bokaro Steel City, P.S- harla, DistBokaro (Jharkhand) 2.

Umesh Narayan Singh Son of Late Kuldeep Singh R/o Quarter No. 2612, Street - 39, Sector- 8C,Bokaro Steel City, P.S- harla, Dist- Bokaro (Jharkhand) 3.

Ashok Kumar Singh Son of Shri Ram Keshar Singh R/o House No. 419, Kandra Dhanwad, Post Office- Bhitiya, P.S- Bhitiya,Dist- Dhanwad (Jharkhand) 4.

Santoshi Devi Wife of Shri Ashok Kumar Singh R/o House No. 419, Kandra Dhanwad, Post Office- Bhitiya, P.S- Bhitiya,Dist- Dhanwad (Jharkhand) 5.

Saurabh Kumar Son of Ashok Kumar Singh R/o House No. 419, Kandra Dhanwad, Post Office- Bhitiya, P.S- Bhitiya,Dist- Dhanwad (Jharkhand) 6.

Sunita Devi @ Sunita Kumari Wife of Shri Mithilesh Kumar R/o Gosaidih Ayodhya Nagar, Post Office- K.G. Ashram, P.S- Govindpur, Gosaidih, DistDhanwad (Jharkhand) 7.

Suchita Kumari @ Suchita Singh @ Suchita Devi Wife of Shir Shailesh Kumar Singh R/o Near Aprarna Public School, Ayodhya Nagar, Gosaidih, PS- Gosaidih, Dist- Dhanwad (Jharkhand) ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Poonam Kumari Daughter of Shri Vinay Kumar Singh R/V- Sarmastpur, PSKarpi, Dist- Arwal (Bihar) ... ... Opposite Party/s ====================================================== Appearance :

(In CRIMINAL MISCELLANEOUS No. 20339 of 2023) For the Petitioner/s :

Mr. Saket Gupta, Advocate

Patna High Court CR. MISC. No.20339 of 2023(6) dt.18-12-2023 2/3 For the Opposite Party/s :

Mr. Binod Kumar, A.P.P.

(In CRIMINAL MISCELLANEOUS No. 20182 of 2023) For the Petitioner/s :

Mr. Saket Gupta, Advocate For the Opposite Party/s :

Mr. Binod Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-12-2023

1. Heard learned counsel for the petitioners, learned A.P.P. for the State and learned counsel for the opposite party no. 2.

2. Learned counsel for the petitioners submits that the criminal case filed from his side has already been withdrawn by an order dated 14.12.2023 passed by the learned Judicial Magistrate, 1st Class, Bokaro in Complaint Case No. 158 of 2019. Learned counsel further submits that already divorce has been granted by the learned Principal Judge, Family Court, Bokaro and permanent alimony has been awarded to the opposite party no. 2 and the opposite party no. 2 has accepted the permanent alimony without any objection. Learned counsel also submits that no appeal against the order granting divorce has been filed by the opposite party no. 2.

3. Learned counsel appearing on behalf of the opposite party no. 2 submits that though he does not have any instruction in the matter with regard to the withdrawal of the case from the side of the petitioners but then if what has been submitted by the learned counsel for the petitioners is true that

Patna High Court CR. MISC. No.20339 of 2023(6) dt.18-12-2023 3/3 the criminal cases have been withdrawn in that event the opposite party no. 2 does not have any objection if the present criminal proceeding is quashed.

4. Considering the submissions made by the learned counsel for the opposite party no. 2 and the fact that the learned counsel for the petitioners has made a categoric submission that the criminal cases have been withdrawn from the side of the petitioners as recorded hereinabove, the order dated 30.06.2022 passed by the learned Sub-Divisional Judicial Magistrate, Arawal in G.R. No. 145 of 2019 arising out of Arwal Mahila P.S. Case No. 03 of 2019 whereby charges have been framed under Sections 498A and 34 of the Indian Penal Code read with Sections 3 and 4 of the Dowry Prohibition Act is hereby quashed.

5. Hence, these quashing applications stand allowed. (Satyavrat Verma, J) Kundan/- U T