Manoj Kumar Bharti @ Manoj Kumar And ORS v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.36960 of 2013 Arising Out of PS.Case No. -112 Year- 2012 Thana -KHUDAGANJ District- NALANDA (BIHARSHARIFF) ======================================================
1. Manoj Kumar Bharti @ Manoj Kumar Son Of Late Babu Chand Rajak Resident Of Village - Micchapur, P.S.- Konch, District- Gaya
2. Ajit Kumar Bharti Son Of Lae Babu Chand Rajak Resident Of Village - Micchapur, P.S.- Konch, District- Gaya
3. Suchitra Devi Wife Of Manoj Kumar Bharti Resident Of Village - Micchapur, P.S.- Konch, District- Gaya
4. Sobha Devi Wife Of Ajit Kumar Bharti Resident Of Village - Micchapur, P.S.- Konch, District- Gaya
5. Rajmati Devi Wife Of Late Babu Chand Rajak Resident Of Village - Micchapur, P.S.- Konch, District- Gaya .... .... Petitioners
Versus
1. State Of Bihar
2. Sadhana Kumari Daughter Of Munna Rajak Resident Of Village - Khudaganj Bazar, P.S.- Khudaganj, District- Nalanda .... .... Opposite Parties ====================================================== with Criminal Miscellaneous No.33415 of 2014 Arising Out of PS.Case No. -112 Year- 2012 Thana -KHUDAGANJ District- NALANDA (BIHARSHARIFF) ====================================================== Sanoj Kumar Bharti Son of Late BabuChand Rajak, Resident of Village - Hicharpur, P.S. - Konch, District-Gaya.
.... .... Petitioner
Versus
1. The State of Bihar.
2. Sadhna Kumari Daughter of Munna Rajak Resident of Village - Khodaganj Bazar, P.S. - Khodaganj, District- Nalanda. .... .... Opposite Parties ====================================================== Appearance :
(In Cr.Misc. No.36960 of 2013) For the Petitioners :
Mr. Ashok Kumar Sinha, Advocate Mr. Sudhir Kumar Sinha, Advocate For the State :
Md. Mushtaque Alam, APP (In Cr.Misc. No.33415 of 2014) For the Petitioners :
Mr. Ashok Kumar Sinha, Advocate Mr. Sudhir Kumar Sinha, Advocate For the State :
Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 21-06-2017 Heard learned counsel for the petitioners and the learned APP appearing on behalf of the State.
In both cases the same impugned order has been
Patna High Court Cr.Misc. No.36960 of 2013 (6) dt.21-06-2017 2 / 2 challenged, therefore, taken up together.
Learned counsel for the petitioners submits that this matter was earlier referred to the mediation centre. The report of the mediation centre is on the record and the disputes between the parties were resolved through the process of mediation. A copy of the agreement filed by the parties are also enclosed with that report and as a final one time maintenance the husband has given two drafts of Rs.5,00,000/- each in total Rs.10,00,000/- and also agreed to withdraw all pending cases.
No one appears on behalf of opposite party no.2. The learned APP also concedes that the report sows that the final settlement has been done and the wife has received the payment. Perused the Mediation report dated 25.05.2015 and terms of settlement mutually agreed and signed by both parties confirming submission of learned counsel of the petitioners. Having considered the facts of compromise arrived between parties, the order of cognizance dated 17.05.2017, passed by the learned S.D.J.M., Hilsa as well as further proceeding in this case is set aside.
The quashing petition is allowed.
(Arun Kumar, J.) S.Kumar/- U T