Kamal Pushkar @ Kamal Pushkar Pandey v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31048 of 2016 Arising Out of PS. Case No.-227 Year-2015 Thana- KAHALGAON District- Bhagalpur ====================================================== Kamal Pushkar @ Kamal Pushkar Pandey S/o Sitaram Pandey, Resident of Village- Bajidpur, P.S.- Wena, Distt.- Nalanda. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Madhuri Kumari W/o Kamal Pushkar@Kamal Pushkar Pandey, D/o Pramod Bihari Mishra At Present residing at Village- Pakartalla, P.S.- Kahalgaon, Distt.- Bhagalpur.

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

For the Petitioner/s :

Mr. Mahendra Thakur, Advocate Mr. Vijay Kumar, Advocate For the State :

Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 05-10-2023 The present petition under Section 482 of the Cr.P.C. has been preferred by the petitioner against the impugned order dated 23.12.2015 passed by Ld. Chief Judicial Magistrate, Bhagalpur in connection with Kahalgaon P.S. Case No. 227 of 2015, corresponding to G.R. No. 2126 of 2015, whereby Ld. Trial Court has taken cognizance under Sections 498(A) and 506/34 of the Indian Penal Code against the petitioner and others.

2. Seeing the possibility of settlement between the petitioner-husband and the opposite party no.2 (informant-wife), the matter was referred to Mediation Centre of Bihar State Legal Services Authority. As per report dated 10.10.2017 of the

Patna High Court CR. MISC. No.31048 of 2016(5) dt.05-10-2023 2/2 Mediation Centre, the dispute between parties has been resolved through the process of mediation.

3. Hence, Ld. Counsel for the petitioner is praying for setting aside the impugned order dated 23.12.2015, whereby Ld. Chief Judicial Magistrate, Bhagalpur has taken cognizance under Sections 498(A) and 506/34 of the Indian Penal Code in connection with Kahalgaon P.S. Case No. 227 of 2015, corresponding to G.R. No. 2126 of 2015.

4. Ld. Counsel for the State has no objection for the same in view of the compromise.

5. Hence, in view of the settlement of dispute between petitioner-husband and opposite party no.2 (wife), impugned order dated 23.12.2015 passed in Kahalgaon P.S. Case No. 227 of 2015, corresponding to G.R. No. 2126 of 2015 by the Chief Judicial Magistrate, Bhagalpur is set aside and all the criminal proceeding arising out of the same is quashed.

6. The present petition accordingly stands allowed. (Jitendra Kumar, J.) ravishankar/- U T