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Patna High CourtCR. MISC./9240/2014allowed

Pradeep Kumar And ORS. v. State Of Bihar And ANR

2016-05-03Mr. Justice Chakradhari Sharan Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9240 of 2014 Arising Out of PS.Case No. -69 Year- 2013 Thana -DANIYAWAN District- PATNA ======================================================

1. Pradeep Kumar S/O Kailash Saw

2. Ram Dulari Devi W/O Late Kailash Saw

3. Chunnu @ Shashi Bhushan S/O Doman Sah All Residents Of Village Arai Benipur, P.S. Daniawan, District Nalanda. .... .... Petitioners

Versus

1. The State Of Bihar.

2. Smt. Veena Kumar W/O Pradeep Kumar Resident Of Village Arai Benipur, P.S. Daniawan, District Nalanda. At Present Residing At Mahavir Prasad Gupta, Mohalla Bahadurpur Housing Colony Behind Janta Flat, P.S. Agamkuan, District Patna.

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

For the Petitioner/s : None For the Opposite Party/s : None ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 03-05-2016 This application has been filed seeking quashing of the First Information Report of Daniawan P.S.Case No. 69/2013 registered for the offence punishable under sections 498A, 323 of the Indian Penal Code and section 3/4 of the Dowry Prohibition Act, 1961.

From the records, it appears that by an order dated 8.9.2014, the dispute between the parties, particularly petitioner no.1 and O.P.No.2, was referred to Patna High Court Mediation and Conciliation Centre for resolution of their dispute through the process of negotiated settlement. It appears that the parties decided to resolve their dispute in terms of the settlement, mutually agreed

Patna High Court Cr.Misc. No.9240 of 2014 (6) dt.03-05-2016 upon by them.

A report of the learned Mediator is there on record. It appears from the said report that petitioner no.1 and O.P.No.2 decided to live together peacefully and O.P.No.2 agreed that she will be withdrawing the criminal cases instituted against the petitioners.

Today, on call there is no representation either on behalf of the petitioners or on behalf of O.P.No.2. In the background of the facts, which I have noted above, it seems that the parties have lost interest in the criminal case and the informant, in view of the subsequent developments, is not interested in pursuing the case, rather withdrawing the present Daniawan P.S.Case No. 69/2013. There is no legal provision for withdrawal of a First Information Report. However, in the peculiar facts and circumstances of the case, for the ends of justice and the larger interest of matrimonial life of petitioner no.1 and O.P.No.2, the First Information Report of Daniawan P.S.Case No. 69/2013 stands closed.

This application is allowed.

(Chakradhari Sharan Singh, J) Surendra/- U

Patna High Court Cr.Misc. No.9240 of 2014 (6) dt.03-05-2016