Patna High Court - Orders
Rajeev Ranjan & Ors vs State Of Bihar & Anr on 19 November, 2010
Author: Akhilesh Chandra
Bench: Akhilesh Chandra
IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.1254 of 2009
1. RAJEEV RANJAN S/O CHARITAR RAM @ RAM CHARITAR
SINGH, R/O VILLAGE-HOUSE NO.B-39 RAJAPURI,
UTTAM NAGAR, NEW DELHI.
2. CHARITAR RAM @ RAM CHARITAR SINGH S/O LATE
SADHU RAM.
3. LEELAWATI SINGH @ LEELAWATI DEVI WIFE OF
CHARITAR RAM @ RAM CHARITAR SINGH,
4. SONI KUMARI @ PINKI KUMARI S/O CHARITAR RAM
@ RAM CHARITAR SINGH.
ALL R/O VILLAGE KUMAT P.O.CHITABHURD,
P.S. CHERGHATI, DISTRICT-GAYA.
5. ALOK RANJAN S/O CHARITAR RAM @ RAM CHARITAR
SINGH, R/O OF HOUSE NO. 174 GOVT. HOSTEL,
PRABHAT ROAD, DEV NAGAR, NEW DELHI.
6. BARKHA VERMA @ BARKHA DEVI, WIFE OF ALOK
RANJAN, R/O HOUSE NO.17TH GOVT. HOSTEL,
PRABHAT ROAD, DEV NAGAR, NEW DELHI.
7. SHOBHA KUMARI @ SHOBHA DEVI WIFE OF AZAN SARAN
SINGH, R/O VILLAGE-NARAYANPUR, P.S. WAZIRGANJ,
DISTRICT-GAYA.
8. CHANCHALA KUMARI @ RINKI DEVI WIFE OF PAWAN
KUMAR SINGH, R/O VILLAGE-BHALUHAR, P.S. GURUA,
DISTRICT-GAYA.
--PETITIONERS
Versus
1. THE STATE OF BIHAR
2. VEEBA JYNARU WIFE OF RAJEEV RANJAN, R/O VILLAGE
KAMAT, P.O. CHITA BAKHARDH, P.S. SHERGHATI,
DISTRICT-GAYA. PRESENT ADDRESS-VEENA KUMARI,
DAUGHTER OF CHANDU PRASAD, R/O MOHALLA-BABU
TOLA, P.S. & DISTRCIT-BANKA.
--OPP.PARTY
7 19.11.2010Heard learned counsel for the petitioners, learned Additional Public prosecutor for the State and Sri Rajiv Kumar for opposite party no.2. The parties are also physically present in court.
This is an application seeking quashing of an 2 order dated 01.12.2008 in Complaint Case no. 476 of 2008 passed by Chief Judicial Magistrate, Banka taking cognizance for an offence under Section 498A, 379 of the Indian Penal Code and ¾ of the Dowry Prohibition Act.
Admittedly, complainant-opposite party no.2 is a legally wedded wife of petitioner no.1, Rajeev Ranjan, and the couple has been blessed with two children. Due to some differences one Matrimonial Case no. 102 of 2008 was filed before the District Judge, Delhi under section 13 of the Hindu Marriage Act by petitioner no.1 here but under changed circumstances and resolution of all the difference the said application has already been withdrawn.
It is submitted that at the instance of opposite party no.2 there is one Miscellaneous Case no.30 of 2008 is pending before Subdivisional Judicial Magistrate, Banka, under Section 125 of the Code of Criminal Procedure. None of the parties are interested in further continuation of the said proceeding as well as the proceeding before the court below under Section 498A of the Indian Penal Code.
Taking into consideration that good sense prevailed in the couple and their family members, let, the 3 impugned order as well proceedings before the court below be quashed subject to filing of the application by the parties before the court below as well as before the Court of Subdivisional Judicial Magistrate, Banka, subject to filing of joint application affixing their photograph stating therein the resolutions of differences between the parties. The court below, on receipt of such application, shall pass appropriate order.
Let the order be communicated to the court of Subdivisional Judicial Magistrate, Banka, through FAX at the cost of the petitioners.
(Akhilesh Chandra, J.) AAhmad