Uttam Narayan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70730 of 2023 Arising Out of PS. Case No.-5 Year-2022 Thana- MAHILA P.S. District- Patna ====================================================== 1.

Uttam Narayan S/O Late Birendra Kumar Singh Village Kosala, Po Kosala, Ps Nardiganj, District Nawada, Pin Code- 805109 2.

Neelam Devi Wife Of Late Birendra Kumar Singh Village Kosala, Po Kosala, Ps Nardiganj, District Nawada, Pin Code- 805109 ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Neha Wife Of Shri Uttam Narayan, D/O Shri Sanjay Kumar Singh VillageGarhara, Ward No. 3, Bihar Nagar Parishad, P.S.- Nardiganj, Dist- Begusarai Presently Residing At Indraprasth Griham, Ramesh Colony, Kurthaul, Dariyapur Road, P.S.- Parsa, Patna-804453 ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 77799 of 2023 Arising Out of PS. Case No.-5 Year-2022 Thana- MAHILA P.S. District- Patna ====================================================== 1.

Utpal Kant son of Late Birendra Kumar Singh R/o- AIR staff quarters, Hostel Type Qtr no-5, Ps- Rynjah Near Nogrim Petrol Pump Shillong Meghalaya 2.

Priya Singh wife of Utpal Kant R/o- AIR staff quarters, Hostel Type Qtr no5, Ps- Rynjah Near Nogrim Petrol Pump Shillong Meghalaya 3.

Satendra Prasad Singh son of Late Tukan Singh Village- Jajwara Po- Pawai Ps- Suryagarha Dist- Lakhisarai 4.

Chandrabhanu @ Chhotu son of Satendra Prasad Village- Jajwara Po- Pawai Ps- Suryagarha Dist- Lakhisarai ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Neha wife of Shri Uttam Narayan, D/o- Shri Sanjay Kumar Singh VillageGarhara W.No-3, Bihar Nagar Parishad Dist- Begusarai Preseltly At Indraprasth Griham Ramesh Colony Kurhaul Dariyapur Road Patna ... ... Opposite Party/s ====================================================== Appearance :

(In CRIMINAL MISCELLANEOUS No. 70730 of 2023) For the Petitioner/s :

Mr.Rohit Mishra, Advocate For the Opposite Party/s :

Mr.Sunil Kumar Verma, Advocate Mr. Suman Kumar Verma, Advocate

Patna High Court CR. MISC. No.70730 of 2023(3) dt.11-07-2024 2/3 For the State :

Mr. Arun Kumar Singh, APP (In CRIMINAL MISCELLANEOUS No. 77799 of 2023) For the Petitioner/s :

Mr.Rohit Mishra, Advocate For the Opposite Party/s :

Mr.Sunil Kumar Verma, Advocate Mr. Suman Kumar Verma, Advocate For the State :

Mr. Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 11-07-2024 Heard learned counsel for the petitioners; learned APP for the State and learned counsel for the opposite party no. 2.

2. Learned counsel for the petitioners and opposite party no. 2 have submitted that the matter has been settled and a memorandum of agreement has been entered between the parties pursuant to which both the criminal cases pending between the parties are to be withdrawn. Paragraph no. 4 of the memorandum of agreement dated 16.01.2024 reads as follows: "4. That both the parties have further agreed to withdraw respective cases Civil/Criminal in nature filed against each other in the light of settlement of dispute soon after filing of the mutual divorce petition. In that view of the matter, Petitioner (Neha) shall withdraw Mahila P.S. Case No.05/22 dated 12.01.2022. Similarly, Uttam Narayan, husband of the petitioner shall be under obligation to withdraw Rajiv Nagar P.S. Case No.106/22, dated 12.03.2022. It is clarified that both the parties have also agreed not to file Civil/Criminal Case against each other in future."

3. In view of the above, these applications are allowed in terms of the aforesaid agreement entered between the parties.

4. Accordingly, the FIR vide Patna Mahila P.S. Case

Patna High Court CR. MISC. No.70730 of 2023(3) dt.11-07-2024 3/3 No. 05 of 2022 dated 12.01.2022 and Rajiv Nagar P.S. Case No. 106 of 2022 dated 12.03.2022, and all consequential proceedings arising out of the aforesaid FIRs are quashed against all the accused persons.

5. Let a copy of this order be communicated to the District Judge, Patna for its compliance through FAX and e-mail forthwith.

(Sandeep Kumar, J) P. Kumar U T