Rajdeep Sah And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47101 of 2015 Arising Out of PS. Case No.-169 Year-2015 Thana- DINARA District- Rohtas ====================================================== 1.

Rajdeep Sah, Son of Chaudhary Prasad.

2.

Priya Devi @ Pryanka Devi, Wife of Rajdeep Sah. Both residents of Lane 4, Subhash Nagar, Dehri, P.S. - Dehri, District - Rohtas, at present residing at SBI, Sartherbari, P.O. - Sartherbari, District - Barpeta, Assam.

3.

Chaudhary Prasad, Son of Late Shiv Lal Shah.

4.

Chandrawati Devi, Wife of Chaudhary Prasad.

Both residents of Lane 4, Subhash Nagar, Dehri, P.S. - Dehri, District - Rohtas.

5.

Ravi Kumar, Son of Laxman Sah, Resident of Ramdih More, Sector - 9 Bokaro, P.S. - Bokaro Steel City, District - Bokaro. 6.

Sheru Kumar, Son of Umesh Prasad.

7.

Ujjwala Kumari, Daughter of Umesh Prasad.

Both residents of North Patel Nagar, Islampur, District - Nalanda. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Avinash Kumar, Son of Vijay Kumar Sah, resident of village and P.O. - Dinara, P.S. - Dinara, District - Rohtas.

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

For the Petitioner/s :

Mr. Nilanjan Chatterjee, Adv.

For the O.P. No. 2 :

Mr. Prabhat Ranjan Singh, Adv.

For the State :

Mr. Bal Mukund Prasad Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER

Patna High Court CR. MISC. No.47101 of 2015(9) dt.20-02-2021 2/3 20-02-2021 Heard Mr. Nilanjan Chatterjee, learned Advocate for the petitioners and Mr. Prabhat Ranjan Singh, learned counsel for the opposite party No. 2. The State is represented by Mr. Bal Mukund Prasad Sinha, learned APP. This is an application seeking quashing of the F.I.R. of Dinara P.S. Case No. 169 of 2015, dated 11.05.2015, instituted for the offences under Sections 452, 325, 307, 380, 420 and 34 of the Indian Penal Code. Mr. Chatterjee, learned Advocate for the petitioners has informed this Court that a settlement has been arrived at between the spouses and their families and opposite party No. 2 do not wish to prosecute the petitioner or any other accused persons in the case any further. In view of such settlement, a prayer has been made for quashing of the subject F.I.R.

This Court has, on several occasions, held that in a matrimonial dispute, keeping the investigation or the legal proceeding pending is not beneficial to anyone of the parties and, therefore, every attempt should be made for reconciliation/mediation between the spouses and their

Patna High Court CR. MISC. No.47101 of 2015(9) dt.20-02-2021 3/3 families. There could be myriad reasons for the spouses falling apart but that does not necessarily make either of them a villain or a vamp.

Fortunately, the intervention of the well-wishers has led to a settlement of dispute between the parties. The spouses have agreed for parting their ways amicably. In fact, as the situation stands today, after the divorce, the spouses have married persons of their choice. With this factual backdrop, there would be no necessity of continuing with the investigation of the subject F.I.R.

For the reasons noted above, the subject F.I.R., bearing Dinara P.S. Case No. 169 of 2015, is, hereby, quashed.

The application stands allowed.

(Ashutosh Kumar, J) Praveen-II/- U T