Asha Devi v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37095 of 2015 Arising Out of PS.Case No. -430 Year- 2013 Thana -SHASTRINAGAR District- PATNA ===========================================================

1. Asha Devi, wife of Late Nagendra Prasad, resident of Mohalla- Raja Bazar, Machchali Gali, P.O.- Veterinary College, Police Station- Shastri Nagar, District- Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Monika Kumari, Daughter of Sri Ram Prasad Ram, resident of VillageSheikhpura Mali Tola, P.S. Shastri Nagar, District- Patna. .... .... Opposite Party/s =========================================================== Appearance :

For the Petitioner/s : Mr. Anil Kumar Srivastava, Advocate For the Opposite Party/s : Mr. APP =========================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL JUDGMENT Date: 08-05-2018 This application under Section 482 of the Code of Criminal Procedure has been filed for quashing the First Information Report of Shastri Nagar P.S. Case No.430 of 2013 instituted under Section(s) 420, 498-A, 494 Indian Penal Code. A report was called for from the Court below, which has been received from which it appears that case with regard to this petitioner and others is still pending before the police for investigation.

Counsel for the petitioner submits that the wife (informant) has filed case against the husband, Shivam Kumar @ Dipu and other accused persons including this petitioner. The police has submitted charge-sheet against Shivam Kumar @ Dipu and kept

Patna High Court Cr.Misc. No.37095 of 2015 dt.08-05-2018 2/2 investigation pending against this petitioner and others. Counsel for the petitioner has further submitted that both husband and wife have entered into compromise and they are, now, leading happy conjugal life.

The Court below has mentioned in the report that after submission of charge-sheet against Shivam Kumar @ Dipu, case is pending for evidence. Police has kept investigation pending against this petitioner and others.

In such circumstances, this application is disposed off with direction to the Sr. Superintendent of Police, Patna/ Investigating Officer of Shastri Nagar P.S. Case No.430 of 2013 to conclude the investigation in the aforesaid case and submit the report in terms of Section 173 Cr. P.C. within a period of three months from the date of receipt of copy of this order. The District & Sessions Judge, Patna, will communicate this order to the Sr. Superintendent of Police, Patna, for necessary compliance.

(Sanjay Priya, J) J.Alam/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 19-05-2018 Transmission Date 19-05-2018