Nityanand Kumar Singh @ Nitya Nand Kumar And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3169 of 2015 Arising Out of PS.Case No. -15 Year- 2013 Thana -MAHILA P.S. District- SASARAM (ROHTAS) ======================================================

1. Nityanand Kumar Singh @ Nitya Nand Kumar Son of Harbansh Kumar Singh

2. Harbansh Kumar Singh@Harbansh Singh S/O Late Parasnath Singh

3. Urmila Devi Wife of Harbansh Kumar Singh All are Resident of Mohalla-East Mohan Bigha(Dehri),P.O-Dalmiya Nagar,P.S-Dehri Town,Distt.-Rohtas .... .... Petitioner/s

Versus

1. The State of Bihar

2. Kanchan Devi Wife of Nityanand Kumar Singh Resident of MohallaWest Mohan Bigha,P.O-Dalmiya Nagar,P.S-Dehri Town,Distt.-Rohtas .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Jitendra Prasad Singh For the Opposite Party/s : Mr. Ram Bachan Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 25-07-2018 None appeared on behalf of the petitioners as well as O.P. No. 2.

Present application has been filed for quashing the order dated 30.08.2014 passed by the learned Sub Divisional Judicial Magistrate, Dehri (Rohtas) in Dehri Mahila P.S. Case No. 15/2013, whereby cognizance has been taken against the petitioners under Sections 498A and 342/34 of the Indian Penal Code read with Section 4 of the Dowry Prohibition Act. From the order-sheet, it appears that the matter was sent to Mediation Centre. Report of the Mediation Centre has been received wherein it has been mentioned that the dispute between

Patna High Court Cr.Misc. No.3169 of 2015 (4) dt.25-07-2018 2/2 parties have been resolved through process of mediation. The memorandum of agreement is enclosed with the report of the Mediation Centre.

This Court finds that the court below after looking into material in the case diary after submission of charge-sheet found the case true against the petitioners and has taken cognizance under Sections 498A and 342/34 of the Indian Penal Code read with Section 4 of the Dowry Prohibition Act. Accordingly, this Court is not inclined to interfere with the impugned order. This Criminal Miscellaneous is accordingly dismissed.

Since the parties have entered into one time settlement, as appears from the report of the learned Mediator, they are directed to file petition before the court below for expeditious disposal of the case. The court below shall pass appropriate order in accordance with law taking into consideration the report of the learned Mediator after hearing both the parties. (Sanjay Priya, J.) Rakhi U T