Amit Sinha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31216 of 2023 Arising Out of PS. Case No.-2089 Year-2019 Thana- KATIHAR COMPLAINT CASE District- Katihar ====================================================== AMIT SINHA SON OF ARUN KUMAR PRASAD R/O-MUSKAAN MANSION, BAHBANI, NEAR ANGANBARI KENDRA, DHAIYA, P.O.- I.S.M., DHANBAD, P.S.-DHANBAD, DISTT.-DHANBAD (JHARKHAND) ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

PREETY KUMARI WIFE OF AMIT KUMAR D/O-BHANU BHAGAT, R/O-LALIYAHI, WARD NO. 11, NEAR HANUMAN MANDIR, P.S.- KATIHAR, DISTT.-KATIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Vijay Kumar, Advocate For the State :

Ms. Nirmala Kumari, APP For Opposite Party No.2 :

Mr. Raja Surendra Mohan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-03-2024

1. Heard learned counsels for the parties.

2. This application has been filed under Section 482 of the Code of Criminal Procedure, 1973, on behalf of the petitioner for quashing the order dated 31.08.2022 passed by the court of learned Sub-Divisional Judicial Magistrate, Katihar, in connection with C.A. No. 2089 of 2019, whereby the learned court below has taken cognizance for the offence punishable under Section 498A of the Indian Penal Code and Section 4 of the Dowry Prohibition Act, against this petitioner.

3. At the outset, learned counsel appearing on behalf of the petitioner submits that during pendency of this case, the

Patna High Court CR. MISC. No.31216 of 2023(3) dt.18-03-2024 2/2 learned Principal Judge, Family Court, Deoghar, has referred the matter before the Mediation Centre, D.L.S.A., Deoghar, and the dispute between the parties has been resolved and as a result of the same, both parties have filed a joint compromise petition dated 15.03.2023 before the learned Additional Principal Judge, Family Court, Deoghar, in Original Suit No. 392 of 2019.

4. Learned counsel appearing on behalf of the complainant/Opposite Party No. 2 does not dispute the contentions made on behalf of the petitioner.

5. In view of aforesaid facts and circumstances, this petition is disposed of with liberty to the petitioner to move before the learned Court below on the basis of compromise petition and if the compromise petition is supported by the complainant/Opposite Party No. 2, the prosecution of the petitioner shall be dropped and if the compromise petition is not supported by the complainant/Opposite Party No. 2, then the learned Court below shall pass appropriate order in accordance with law.

(Prabhat Kumar Singh, J) shashank/- U T