Lal Mohammad And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3833 of 2016 Arising Out of PS.Case No. -934 Year- 2008 Thana -ROHTAS COMPLAINT CASE DistrictSASARAM (ROHTAS) ======================================================

1. Lal Mohammad Son of Late Kesari Amin

2. Champa Devi @ Jamuna Wife of Late Kesari Amin Both resident of village - Pachara, Post Office - Turki, Police Station Kudra, District - Kaimur .... .... Petitioners

Versus

1. The State of Bihar

2. Razia Bano Wife of Lal Mohammad, Daughter of Md. Islam, Resident of Mohalla - Jakki Bigha, Police Station - Dehri, District - Rohtas .... .... Opposite Parties ====================================================== Appearance :

For the Petitioners : Mr. Shyam Bihari Singh, Advocate.

For the Opposite Parties : Mr. Tapeshwar Sharma(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 26-08-2016 Heard both sides.

The petitioner filed this petition under Section 482 of the Code of Criminal Procedure for quashing the order dated 09.01.2009 passed in Complaint Case No. 934 of 2008 by which learned Sub-Divisional Judicial Magistrate, Sasaram took cognizance under Section 498A of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

It is submitted that the petitioner is ready to keep his wife but the petitioner has not been able to point out any illegality in the order impugned.

In this view of the fact, the quashing petition is

Patna High Court Cr.Misc. No.3833 of 2016 (2) dt.26-08-2016 2/2 dismissed.

However, if the petitioner files petition before the court below that he is ready to keep his wife, the court below shall send the records to mediation centre for resolution between husband and wife and make efforts for resolution of the disputes. (Prabhat Kumar Jha, J.) KKSINHA/- U T