The Patna High Court disposed of two criminal miscellaneous applications seeking quashing of lower court orders in Section 498A IPC complaints. The court allowed the petitioner to raise contentions during trial.
Applications disposed with liberty to raise contentions during trial.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.780 of 2014
====================================================== Prabhat Kumar Sharma @ Prabhat Sharma .... .... Petitioner/s Versus State of Bihar & Anr .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.12258 of 2013 ====================================================== Prabhat Kumar Sharma @ Prabhat Sharma .... .... Petitioner/s Versus State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance : (In Cr.Misc. No.780 of 2014) For the Petitioner/s : Mr. Radha Krishna Singh, Advocate. For the Opposite Party/s : Mrs. Madhuri Lata, A.P.P. (In Cr.Misc. No.12258 of 2013) For the Petitioner/s : Mr. Radha Krishna Singh, Advocate. For the Opposite Party/s : Mrs. Madhuri Lata, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 5 15-04-2014 Heard learned counsels for the petitioner, complainant and the State. Cr. Misc. No. 12258 of 2013 has been filed for quashing the order dated 08.10.2012 passed by the learned S.D.J.M., Saran at Chapra, in Complaint Case No. 1766 of 2012 whereby the processes were directed to be issued after cognizance being taken for the offences punishable under Section 498A of the I.P.C. Cr. Misc. No. 780 of 2014 has been filed for
Patna High Court Cr.Misc. No.780 of 2014 (5) dt.15-04-2014
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quashing the order dated 21.11.2013 passed by the
learned S.D.J.M., Saran at Chapra, in Complaint Case
No. 1766 of 2012 whereby charge has been framed
under Section 498A of the I.P.C.
The petitioner is the husband of the
complainant. The marriage between the parties is
admitted.
The complainant is suffering from brain
tumor hence it is submitted that the petitioner is
ready for making payment of one time settlement
amount.
It is submitted by learned counsel for
opposite party no. 2 that the complainant wants to
reside with the petitioner, since reconciliation is
not feasible at present due to contradictory stand
of the parties.
The applications are disposed off with
liberty to the petitioner to raise all the
contentions during trial.
Let the order be faxed to the learned court
below at the cost of the petitioner.
U.K./-
(Dinesh Kumar Singh, J)
2 issues framed by the court
Whether criminal proceedings under Section 498A IPC should be quashed due to the complainant's medical condition and willingness to settle.
Whether the court can allow the petitioner to raise contentions shortly.
1 provisions across 1 enactments
Prabhat Kumar Sharma @ Prabhat Sharma
State of Bihar
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court