Ujawal Pratap @ Ujawal Prasad @ Santosh Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62594 of 2018 Arising Out of PS. Case No.-1038 Year-2017 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== UJAWAL PRATAP @ UJAWAL PRASAD @ SANTOSH KUMAR son of Late Lalan Prasad Yadav, R/o Mohalla- Pakri Chowk, Satiwara More, P.O. +P.S.- Nawada, Town- Ara, District- Bhagalpur, Bihar. ... ... Petitioner/s

Versus

1.

State Of Bihar 2.

Manish Kumar son of Sri Chandrika Pd. Singh, Resident of Mohalla- Purvi Nand Gola, P.S.- Malsalami, District- Patna.

3.

Sneha Kumari daughter of Chandrika Prasad Singh, Resident of MohallaPurbi Nandgola (Ghat Kinare), P.S.- Malsalami, P.O.- Madhav Mills, TownPatna City, District- Patna, Bihar. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kumar Kaushik For the Opposite Party/s :

Mr.Sri Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 17-09-2019 Heard learned counsel for the parties.

The sole petitioner is husband of opposite party No.3. The petitioner has sought for quashment of order of issuance of process dated 24.04.2018 passed by the learned SubDivisional Judicial Magistrate, Patna City in connection with Complaint Case No.1038 of 2017, whereby the petitioner has been asked to appear and face trial for the offences under Section 498A of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.

Learned counsel for the opposite parties have no

Patna High Court CR. MISC. No.62594 of 2018(3) dt.17-09-2019 2/2 objection in allowing the prayer of the petitioner for the reason that the parties have mutually dissolved their marriage by filing a joint petition under Section 13 (B) of the Hindu Marriage Act, 1955 and wife has already received Rs.11,00,000/- (Rupees Eleven Lacs) as permanent alimony on dissolution of marriage. A copy of the judgment of the dissolution of marriage dated 12th February, 2019 passed in Matrimonial Case No.671 of 2018 by the learned Principal Judge, Family Court, Patna is at AnnexureP4 to the supplementary affidavit. Submission is that parties had simultaneously agreed for withdrawal of criminal cases also. In the aforesaid circumstances, the continuance of criminal proceeding would amount to abuse of process of the court. Hence, the impugned order and entire criminal proceeding stand quashed and this application is allowed. (Birendra Kumar, J) abhishek/- U T