Pinku Singh @ Pinku Kumar Singh And ORS v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.34975 of 2014 Arising Out of PS.Case No. -35 Year- 2012 Thana -MAHILA P.S. District- BHOJPUR ====================================================== Pinku Singh @ Pinku Kumar Singh & Ors .... .... Petitioner/s
Versus
State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Arun Kumar For the Opposite Party/s : Mr. Sanjay Kr.Pandey(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 02-08-2017 Heard learned counsel for the petitioner, State and the counsel appearing on behalf of the opposite party no.2. Husband and the family members of the husband are the petitioners.
They are aggrieved by order taking cognizance under section 498A/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.
During the course of hearing, counsels appearing on behalf of the parties agreed that the dispute between the husband and wife can be settled amicable and they express their desire that the matter should be referred to the mediation centre, Bhjpur at Ara so that the dispute between the husband and wife can be settled amicably and some kind of compromise is worked out. Considering the fair submission of the parties, the application is disposed of with direction to the mediation centre,
Patna High Court Cr.Misc. No.34975 of 2014 (3) dt.02-08-2017 2/2 Bhojpur at Ara to issue notice to the husband and wife and to explore possibility of amicable settlement between the parties and in the event such compromise is worked out, the court below will accept the compromise irrespective of the fact that the offence is compoundable or not in view of the judgment of the Supreme Court reported in (2013) 4 SCC 58 in the case of Jitendra Raghuvanshi and others Vs. Babita Raghuvanshi and another the Apex Court in order to settle dispute between the husband and wife has guided that the court should encourage the compromise between the husband and the wife irrespective of the fact that the offence is compoundable or not.
In the case of Gian Singh Vs. State of Punjab and another reported in (2012) 10 SCC 303, the Apex Court judgment is on the same line.
Considering the aforesaid guidance issued by the Apex Court in the case of (supra), the court below will pass appropriate order in the event of compromise reached between the parties.
With the aforesaid observation, this application is disposed of (Anil Kumar Upadhyay, J) Ravi/- U T