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Patna High CourtCR. MISC./50421/2018allowed

Dr. Amit Kumar Sahu v. State Of Bihar And ANR

2024-01-24Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50421 of 2018 Arising Out of PS. Case No.-1100 Year-2013 Thana- DOMESTIC VIOLENACE DistrictPatna ====================================================== Dr. Amit Kumar Sahu S/o Sri Arun Kumar Sahu, R/o Mohalla- Bulandwar Sahi, P.S.- Keonjhar, District- Keonjhar, Odisha. ... ... Petitioner/s

Versus

1.

State Of Bihar 2.

Smt. Simmi Mala W/o Dr. Amit Kumar Sahu D/o Sri Surenda Kumar, Presently residing at Panchasheel Nagar, Khagari Road , P.O.- Digha, P.S.- Danapur, District- Patna- 800012.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Digvijay Narayan Singh, Adv.

For the Opposite Party/s :

Mr. Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 24-01-2024

1. Heard the learned Senior counsel for the petitioner Mr. N.K. Agrawal and the learned APP for the State along with learned counsel for the O.P. No.2 Mr. Mohit Agrawal.

2. The learned counsel for the O.P No.2 at the outset submits that he has instructions to make submission on behalf of the O.P. No.2 shall have no grievance in the event if the entire proceedings arising out of D.V. Case No.1100-C of 2013 is quashed and the present quashing application is allowed as the dispute between the petitioner and the O.P. No.2, who are husband and wife stands settled.

3. The learned Senior counsel appearing on behalf of the petitioner also agrees with the submission of the learned

Patna High Court CR. MISC. No.50421 of 2018(2) dt.24-01-2024 2/2 counsel appearing on behalf of the O.P. No.2 that the issue has been resolved as such submits that the continuation of the case under the D.V. Act shall be an abuse of the process of the court.

4. Considering the submissions made by the learned counsel appearing on behalf of the O.P. No.2, the entire proceedings including the order dated 24.05.2017 passed by the learned S.D.J.M., Danapur, in D.V. Case No.1100-C of 2013 and the order dated 11.05.2018 passed in Cr. Appeal No.143/2017 by the learned Additional District and Sessions Judge-VI, Danapur affirming the order dated 24.05.2017, are hereby quashed.

(Satyavrat Verma, J) amit/- U T