Shambhu Kumar And ORS. v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.13152 of 2014 Arising Out of PS.Case No. -1092 Year- 2013 Thana -MUNGER COMPLAINT CASE DistrictMUNGER ======================================================
1. SHAMBHU KUMAR SON OF BHOLA SAH
2. BHALA SAH SON OF LATE SARJUG SAH
3. PRAMOD SAH SON OF BHOLA SAH
4. SARSWATI DEVI WIFE OF BHOLA SAH.
RESIDENT OF KALAYAN TOLA CHAMARGARH MORE, POLICE STATION BARIYARPUR, DISTRICT MUNGER .... .... PETITIONER/S
VERSUS
1. THE STATE OF BIHAR
2. PRIYANKA KUMARI WIFE OF SHAMBHU KUMAR, DAUGHTER OF DILIP PRASAD SAH RESIDENT OF VILLAGE SIMPUR, POLICE STATION HAVELI KHARAGPUR, DISTRICT MUNGER. .... .... OPPOSITE PARTY/S ====================================================== Appearance:
For the Petitioner/s : Mr. Shivendra Kumar Sinha, Adv. For the Opposite Party/s : Mr. Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 19-11-2016 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor. None appears on behalf of O.P. No.2, wife.
Petitioners who are husband, in-laws have filed instant petition against an order dated 16.11.2013 passed in connection with, Case No.1092(c) of 2013 whereby and whereunder they have been noticed in terms of Section 12 of the Domestic Violence Act.
The crux of the submission having been made on behalf of petitioner happens to be that it is O.P. No.2 who is defying the will and wish of the petitioners in respect of unconditional offer at their end requesting her to join their society. That being so, they should not coerced to face the proceeding under the Domestic Violence Act.
Considering the nature of dispute, at an earlier
Patna High Court Cr.Misc. No.13152 of 2014 (5) dt.19-11-2016 occasion the Bench had referred the matter to High Court Mediation Centre but, unfortunately, the parties failed to come to terms and in the aforesaid background, the sole question relates with identification of wrong which, in the facts and circumstances of the case is to be perceived by the learned lower court.
That being so, instant petition appears to be premature and is accordingly rejected.
(Aditya Kumar Trivedi, J.) Prakash Narayan U T