Quashed

Devendra Kumar and Ors. v. State Of Bihar and Anr.

Patna HC13 Dec 2017CR. MISC./39078/2014

Case brief

AI extract

What is this about?

Petitioners challenged an order in a criminal complaint arising from a domestic dispute. Relying on a mediation agreement resolving disputes between husband and wife, the Court quashed the order taking cognizance.

What did the court decide?

The order dated 27.05.2014 passed by the learned Judicial Magistrate, 1st Class, Patna, in complaint case no. 2259(c) of 2013 is quashed.

Devendra Kumar and Ors. Vs State Of Bihar and Anr. — Writ and Judicial Review | Patna HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.39078 of 2014

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Arising Out of PS.Case No. -2259 Year- 2013 Thana -PATNA COMPLAINT CASE DistrictPATNA

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======================================================

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Devendra Kumar

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Binod Kumar Both sons of Late Ram Swarup Lal

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Manisha Kumari D/o Late Ram Swarup Lal All resident of village - Nardiganj near Panchane - Nadi, P.S. Nardiganj, Distt. - Nawada

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.... .... Petitioners

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Versus

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The State of Bihar

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Suruchi Kumari W/o Karu Lal, D/o Late Shyam Kumar Gupta resident of Mohalla - Pethiya Bazar, Phulwari Sharif, P.S. Phulwarisharif, Distt. - Patna

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.... .... Opposite Parties

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====================================================== Appearance : For the Petitioner/s : None For the State : Mr. Surendra Kumar(App) For the Opposite Party/s : Mr. Anuj Dilbar Krishna, Advocate

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====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER

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6 13-12-2017 None appears on behalf of the petitioners. However the learned counsel for the opposite party no. 2 is present.

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This Court by an order dated 18.10.2017 had referred the matter to the Mediation and Conciliation Centre, Patna. The report of the Mediation and Conciliation Centre, Patna dated 20.11.2017 is at Flag "P" and the same states that the parties have resolved their disputes by the process of mediation. The agreement made between the parties i.e. the husband and the wife dated 16.11.2017 has been annexed to the said letter of the

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Patna High Court Cr.Misc. No.39078 of 2014 (6) dt.13-12-2017

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2/2

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Mediator dated 20.11.2017. One of the terms in the said agreement dated 16.11.2017 is that the parties will withdraw their cases i.e. complaint case no. 2259 (C) of 2013 and maintenance case no. 252 (m) of 2013.

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The learned counsel for the opposite party no. 2 is in agreement with the terms and conditions of the said agreement which attempts to resolve all the disputes between the husband and the wife as such, he has got no objection to the quashing of the order taking cognizance dated 27.05.2014 in complaint case no. 2259(c) of 2013, passed by the learned Judicial Magistrate 1^st class, Patna.

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Accordingly, the order dated 27.05.2014 passed by the learned Judicial Magistrate 1^st class, Patna in complaint case no. 2259(c) of 2013 is hereby quashed.

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The petition is disposed of.

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(Mohit Kumar Shah, J.)

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rinkee/-

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U T

Devendra Kumar and Ors. v. State Of Bihar and Anr.

Case brief

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Devendra Kumar and Ors. v. State Of Bihar and Anr.

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