Court permitted withdrawal of an application intended to quash proceedings under Section 498A IPC, allowing parties to seek mediation or approach the Family Court instead.
Permission to withdraw application with liberty to raise defense at framing of charge; parties may seek mediation or approach Family Court.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.24986 of 2016
Arising Out of PS. Case No.-196 Year-2015 Thana- MADHEPURA COMPALINT CASE District- Madhepura
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All three resident of village Maheshwa, P.S.- Uda Kishunganj, DistrictMadhepura.
... ... Petitioners
Versus
... ... Opposite Partyies
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Appearance :
For the Petitioner/s : Mr. Shekhar Kumar Singh For the Opposite Party/s : Mrs. Renu Kumari, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
4 27-02-2020
Heard learned counsel for the petitioners and learned
counsel for the State.
The present application has been filed for quashing of order dated 14.12.2015 passed by Sri J.K. Kashyap, Judicial Magistrate, Madhepura in connection with Complaint Case No. 196/2015 whereby and whereunder the Court below has found the case to be prima facie true for an offence under Section 498A IPC and had issued process against the accused persons.
After some arguments, learned counsel for the
Patna High Court CR. MISC. No.24986 of 2016(4) dt.27-02-2020 2/2
petitioners seeks permission of this Court to withdraw this application with liberty to raise their defence at the time of framing of charge.
Permission is accorded.
The present application stands disposed of with the aforesaid liberty. It will be open to either of the parties to make application before the Court below for referring the matter to the District Mediation Centre for reconciliation or one time settlement. The parties will be at liberty to approach the Family Court with competent jurisdiction for the redressal of their grievance.
(Sudhir Singh, J)
Pankaj/-
U T
Raj Kumar Ranjan and others
The State Of Bihar and others
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
