Amit Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77012 of 2023 Arising Out of PS. Case No.-40 Year-2019 Thana- MAHILA P.S. District- Saran ====================================================== 1.

AMIT KUMAR JHA son of Sanjay Kumar Jha Near- Anand Marg Raja Bagicha William Town B, Deoghar Ps- Deoghar Dist- Deoghar Jharkhand 2.

SANJAY KUMAR JHA son of Gopi Ram Jha Near- Anand Marg Raja Bagicha William Town B, Deoghar Ps- Deoghar Dist- Deoghar Jharkhand 3.

SHIV DEVI @ SHIV KUMARI DEVI wife of Sanjay Kumar Jha Near- Anand Marg Raja Bagicha William Town B, Deoghar Ps- Deoghar Dist- Deoghar Jharkhand ... ... Petitioner/s

Versus

1. The State of Bihar

2. Priya Pandey, Wife of Amit Kumar Jha, Resident of C/O Vinay Kumar Thakur near Anand Marg, Raja Bagicha, William Town, B, Deoghar, P.S.-Deoghar, District- Deoghar (Jharkhand) ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjeet Kumar, Adv For the Opposite Party/s :

Mr.Anant Kumar 1, APP Mr. Ayush Kumar, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 29-11-2023 1.

Heard learned counsel for the petitioners, learned APP Along with learned counsel for the OP No. 2, Mr Ayush Kumar.

2.

The learned counsel for the petitioners submits that the present application has been filed seeking quashing of the order dated 9-8-2021/10-8-2021 passed by the learned SDJM, Chapra in Chapra Mahila PS Case No. 40 of 2019, whereby cognizance of offences under Sections 341, 323, 498A, 504, 506 and 34 of the IPC read with Sections 3 and 4 of the Dowry Prohibition Act has been taken.

3.

The learned counsel for the petitioners next submits that petitioner No. 1 is the husband, petitioner No. 2 is father-in-

Patna High Court CR. MISC. No.77012 of 2023(2) dt.29-11-2023 2/2 law, and petitioner No. 3 is mother-in-law of the OP No. 2. It is next submitted that the dispute was completely matrimonial and the petitioner No. 1 and the OP No. 2, on intervention of wellwishers, have compromised the case and they are staying together and living a happy conjugal life. It is next submitted that since the parties have compromised and are living a happy conjugal life, hence the case be quashed.

4.

The Learned counsel appearing on behalf of the OP No. 2 does not dispute the submission made by the learned counsel for the petitioner and submits that he has instruction to make submission that OP No. 2 is not opposing the quashing application.

5.

Considering the submission made by the learned counsel appearing on behalf of OP No. 2, the order dated 9-82021/10-8-2021 passed by the learned SDJM, Chapra in Chapra Mahila PS Case No. 40 of 2019, whereby cognizance of offences under Sections 341, 323, 498A, 504, 506 and 34 of the IPC read with Sections 3 and 4 of the Dowry Prohibition Act has been taken, is hereby quashed.

(Satyavrat Verma, J) SUMIT/- U T