Patna High CourtCR. MISC./29038/2016dismissed

Suman Kumar v. State Of Bihar And ANR

2016-08-17Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29038 of 2016 Arising Out of PS.Case No. -12 Year- 2009 Thana -MUNGER COMPLAINT CASE DistrictMUNGER ====================================================== Suman Kumar Son of Chandeshwari Yadav. Resident of Village- Paharpur Sakra, P.S.- Simri Bakhtiyarpur, District- Saharsa (Bihar). .... .... Petitioner

Versus

1. The State of Bihar.

2. Archana Devi wife of Suman Kumar & Daughter of Bhola Yadav, Resident of Village- Sitakund (Kalyanchak), P.S.- Muffassil, DistrictMunger (Bihar) At Present wife of Bipin Kumar son of Ramdeo Yadav, Resident of Village- Bariyarpur, District Munger (Bihar). .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Vinay Kumar Mishra, Advocate.

For the Opposite Parties : Smt. Asha Devi, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 17-08-2016 Heard both sides.

The petitioner filed this petition under Section 482 Cr.P.C. for quashing the order dated 08.05.2009 passed by the learned Sub-Divisional Judicial Magistrate, Munger by which the learned Sub-Divisional Judicial Magistrate, Munger found prima facie case under Sections 323, 498(A), 504, 494 and 34 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act to proceed against accused.

Learned counsel for the petitioner submits that the case relates to matrimonial disputes and the petitioner wants to compromise the case, but could not be able to point out any

Patna High Court Cr.Misc. No.29038 of 2016 (2) dt.17-08-2016 2/2 illegality in the order impugned.

Considering the facts, I do not find any illegality in the order impugned.

Accordingly, the quashing petition is dismissed. However, if the petitioner wants to compromise the case, may file a petition before the learned Sub-Divisional Judicial Magistrate, Munger and after such petition having been filed the learned Sub-Divisional Judicial Magistrate, Munger may make efforts for resolution of the disputes between the husband and the wife taking help of mediator.

(Prabhat Kumar Jha, J.) KKSINHA/- U T