Amit Kumar Pandey @ Amit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37227 of 2019 Arising Out of PS. Case No.-2562 Year-2017 Thana- SIWAN COMPLAINT CASE DistrictSiwan ====================================================== AMIT KUMAR PANDEY @ AMIT KUMAR S/o Lt. Gopal Pandey R/o Muhalla Kashyap Nagar, Nayi Police Line Ara, P.S.- Ara, District- Ara ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Chandra Kant For the Opposite Party/s :
Mr. Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 09-05-2022 Learned counsel for the petitioner is permitted to remove defect(s), as pointed out by the office, if any, within a period of four weeks from today.
Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner apprehends his arrest in connection with Complaint Case No. 2562 of 2017 registered for the offences punishable under Sections 498A of the Indian Penal Code and Section 4 of the D.P. Act.
Both the parties agree that the matter has been settled and the petitioner has paid Rupees Twenty-eight Lakhs to the opposite party No. 2 which has been accepted by the opposite party No. 2. The agreement is on record.
Patna High Court CR. MISC. No.37227 of 2019(13) dt.09-05-2022 2/3 In view of the above, exercising my power under Section 482 of the Cr. P.C., the Complaint Case No. 2562 of 2017 registered for the offences under Sections 498-A of the Indian Penal Code and Section 4 of the D.P. Act is hereby quashed. If any application is filed in before the Principal Judge, Family Court, Siwan in Maintenance Case No. 264 of 2017, Principal Judge, Family Court, Siwan is directed to decide the application on the date when the application is filed as the mater has been settled and the maintenance case is disposed of. It has been submitted jointly by the parties that the Divorce Case No. 352 of 2019 is pending before the Karkardoma Family Court, Delhi and they submit that they will be filing an application for grant of Divorce Case by mutual consent.
Learned counsel for the petitioner submits that opposite party No. 2 is expected to co-operate.
Since both the parties have already agreed to separate ways, the apprehension of the petitioner does not seem wellfounded. This Court hopes that both the parties will co-operate in getting the Divorce Case expedited.
The Family Court, Karkardoma will proceed in accordance with law so that the Divorce case is decided
Patna High Court CR. MISC. No.37227 of 2019(13) dt.09-05-2022 3/3 expeditiously.
(Sandeep Kumar, J) Saif/- U T