Shantanu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45450 of 2023 Arising Out of PS. Case No.-151 Year-2023 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== 1.

SHANTANU SINGH Son of Ranbir Prasad Singh Resident of 106- D, Patliputra Colony, P.S.- Patliputra, District - Patna. 2.

Smt. Draupadi Singh Wife of Ranbir Prasad Singh Resident of 106- D, Patliputra Colony, P.S.- Patliputra, District - Patna. 3.

Ranbir Prasad Singh Son of Balram Singh Resident of 106- D, Patliputra Colony, P.S.- Patliputra, District - Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Smt. Shilpa Kumari @ Shilpa Kumari @ Shila Kumari Wife of Shantanu Singh Resident of 106 D, Patliputra Colony, P.S.- Patliputra, District - Patna. Daughter of Shivnath Singh, At present residing at Modern Public School, Bangali Colony, P.S.- Chowk, District - Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anuj Kumar For the Opposite Party/s :

Mr.Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 11-07-2024 Heard the parties.

2. This application has been filed on behalf of the petitioners for quashing the order dated 12.05.2023 passed by the learned Judicial Magistrate, 1st Class, Patna City, Patna in Complaint Case No. 151 of 2023.

3. A joint compromise petition has been filed by the petitioner and the opposite party no. 02.

Patna High Court CR. MISC. No.45450 of 2023(5) dt.11-07-2024 2/3

4. It has been agreed between the parties that the petitioners will pay Rs. 20 lakhs to the opposite party no. 02 for settlement of all the cases between the parties.

5. It has also been agreed that both the parties will file an application for divorce by mutual consent in the pending divorce proceedings under Section 9 of the Hindu Marriage Act.

6. The petitioner no. 01, who has appeared physically today in this case has produced a Demand Draft of 10 lakhs and the same has been handed over to the opposite party no. 02 who has also appeared in the Court physically.

7. It has also been agreed between the parties that the demand draft of further payment of 10 lakhs will be made at the time of second motion in the divorce proceedings by mutual consent.

8. In view of the settlement between the parties, this application is allowed.

9. Accordingly, the order dated 12.05.2023 passed by the learned Judicial Magistrate, 1st Class, Patna City, Patna in Complaint Case No. 151 of 2023 is hereby quashed with regard to all the accused persons.

10. The Additional Principal Judge, Family Court, Patna is directed to expedite the pending divorce proceedings. If

Patna High Court CR. MISC. No.45450 of 2023(5) dt.11-07-2024 3/3 an application is filed for waiver of the cooling period then the same shall entertained by the Additional Prinicipal Judge, Family Court, Patna in accordance with law.

11. Let a copy of this order be communicated to the District Judge, Patna through FAX for its compliance forthwith. (Sandeep Kumar, J) Vikas/- U T