Parvindar Singh v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48575 of 2014 Arising Out of PS. Case No.-71 Year-2014 Thana- BUDDHACOLONY District- Patna ====================================================== Parvindar Singh S/o Late Darshan Singh Resident of Flat No. 66, Sri Kunj Apartment, Budha Colony, P.S. Budha Colony, District Patna. ... ... Petitioner/s
Versus
1.
State Of Bihar 2.
Kawaljit Kaur W/o Parvindar Singh Resident of Flat No. 66, Sri Kunj Apartment, Budha Colony, P.S. Budha Colony, District Patna. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sunil Kumar Singh, Advocate For the State :
Mr. Rana Randhir Singh, Advocate For the Opposite Party/s :
Mr. Manish Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 26-03-2019 Heard learned counsel for the petitioner; learned A.P.P. for the State and learned counsel for the opposite party no. 2.
2. The petitioner has moved the Court under Section 482 of the Code of Criminal Procedure, 1973 for the following relief: "That this is an application for Quashing the order dated 22.09.2014 passed by the learned Sri Rajiv Kumar Bharti J.M. Ist Class, Patna in connection with Budha Colony P. S. Case No. 71/2014 Vide Tr. No. 5000/2014 alleged offences u/s 498 (A), 504, 506, 448, 147, Indian Penal Code."
Patna High Court CR. MISC. No.48575 of 2014 dt.26-03-2019 2/3
3. The allegation levelled by the opposite party no. 2, who is the wife of the petitioner was with regard to demand of dowry, torture etc.
4. On the last occasion, learned counsel had informed the Court that there has been compromise between the parties and, thus, the case was adjourned for bringing such facts on record. Today, a joint affidavit has been filed on behalf of the petitioner and the opposite party no. 2 in which it has been stated that both have agreed to live together as a family. The petitioner as well as opposite party no. 2 are also present in Court. Upon a query of the Court to the parties with regard to compromise, as to whether the same was voluntary, they have taken a categorical stand that they have sorted out the matter among themselves and have agreed to live together peacefully. The petitioner has further informed the Court that he undertakes to care for the opposite party no. 2 as well as their children.
5. Having regard to the aforesaid, the Court finds that letting the criminal proceeding continue would be an abuse of the process of the Court and also not conducive in the interest of justice.
6. For reasons aforesaid, the application is allowed. The entire criminal proceeding arising out of Budha Colony P.S. Case
Patna High Court CR. MISC. No.48575 of 2014 dt.26-03-2019 3/3 No. 71 of 2014 (Tr. No. 5000 of 2014) including the order dated 22.09.2014 by which cognizance has been taken, stands quashed. (Ahsanuddin Amanullah, J) P. Kumar AFR/NAFR U T