Patna High Court - Orders
Ram Naresh Yadav & Ors vs State Of Bihar & Anr on 10 January, 2019
Author: Aditya Kumar Trivedi
Bench: Aditya Kumar Trivedi
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.14 of 2017
Arising Out of PS. Case No.-107 Year-2014 Thana- MARAUNA District- Supaul
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1. Ram Naresh Yadav, S/o Krishnadatta Yadav,
2. Krishnadatta Yadav, S/o Late Arjun Yadav,
3. Bhimala Devi @ Vimala Devi, W/o Krishnadatta Yadav,
4. Ram Pravesh Yadav, S/o Krishnadatta Yadav, All are resident of Brahmottar,
P.S.- Maruana, District- Supaul.
... ... Petitioner/s
Versus
1. The State of Bihar.
2. Kumar Yogendra Narayan, S/o Ram Pr. Yadav, resident of Nirmali, Ward
No.07, P.S.- Nirmali, District- Supaul.
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.Ranjan Kumar Jha, Adv.
Mr. Sudhir Kumar Mishra, Adv.
For the informant : Mr. Ramakant Sharma, Sr. Adv.
Mr. Laxmikant Sharma, Adv.
For the Opposite Party/s : Mr. Smt Renu Kumari, APP
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CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI
ORAL ORDER
6 10-01-2019Heard learned counsel for the petitioners as well as learned A.P.P. along with learned counsel for the informant.
Learned counsel for the O.P. No.2/informant has submitted that though at an earlier occasion there was some rift amongst the spouses in the background of the fact that in spite of being mother of two children, the daughter of the informant who is wife of petitioner no.1 Ram Naresh Yadav, a technician in the Air Force and presently posted at Lucknow, is a schizophrenic patient and further, in due course of time the matter has been reconciled, resolved and the daughter of informant is being cared by her husband being kept along with him and further, providing all sorts of medical Patna High Court Cr.Misc. No.14 of 2017(6) dt.10-01-2019 2/2 facility, only seeks their free access so that, in future even after quashing of instant proceeding which they do support, his daughter be continued with under their proper surveillance and in likewise manner, her two children getting the best educational facility. The learned counsel for the petitioners fairly submits that the children are also of them and so, both the children would be given best educational facility and in likewise manner, wife of petitioner no.1, best medical facility who, admittedly, happens to be schizophrenic patient.
Times without number, it has been settled at rest so far offences under Section 498A of the IPC is concerned that restoration of harmonious relationship amongst the spouses are the good ground to quash the proceeding. In the background of aforesaid liberty which the petitioners have duly acknowledged, the order impugned dated 09.05.2017 passed by SDJM, Supaul in connection with Marauni P.S. Case no.107/2014, G.R. No.1996/2014 is hereby quashed. Petition is allowed.
(Aditya Kumar Trivedi, J.)
Prakash Narayan
U T