Shams Gulrez v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.37292 of 2014 (5) dt.13-12-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37292 of 2014 ====================================================== Shams Gulrez, Son of Abdul Majeed, R/o Village Madhopur, P.S. Barharia, District Siwan .... .... Petitioner/s

Versus

1. The State of Bihar

2. Rizwana Khatoon, Wife of Shams Gulrez, presently residing at Village Nawada Parsauni, P.O. Manbodh Parsauni, P.S. Uchkagaon, District Gopalganj .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Jagjit Roshan, Advocate For the Opposite Party/s : Mr. Nand Kumar(APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 13-12-2016 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner initially sought modification of order dated 14.05.2014, passed in Cr. Misc. No. 21510 of 2014, which he states, is contrary to the order passed in Cr. Misc. No. 39011 of 2013, in which by order dated 27.11.2013 a Coordinate Bench of this Court had directed the petitioner to settle the matter or pay Rs. 2,000/- per month as maintenance till full and final settlement of the period of iddat and dower (dain mohar) is made. He submits that by order dated 19.01.2016, passed in Cr. Revision No. 496 of 2013, the matter had been resolved and Misc. Case No. 170 of 2011, Complaint Case No. 2928 of 2010, Tr. No. 2663 of 2015

Patna High Court Cr.Misc. No.37292 of 2014 (5) dt.13-12-2016 had since been set aside/ dropped.

In view of order dated 19.01.2016, passed in Cr. Revision No. 496 of 2013, the dispute having been resolved, there is no necessity now for modification of any order. Thus, the petitioner seeks withdrawal of the modification application. Prayer is allowed.

This application is, accordingly, dismissed as withdrawn.

(Nilu Agrawal, J.) Rajesh/- U T