Arbind Kumar Sinha Vs The State of Bihar — Matrimonial and Divorce | Patna HC (2024)

Arbind Kumar Sinha Vs The State of Bihar — Matrimonial and Divorce | Patna HC (2024)

What the court decided

AI extract

Outcome

Quashing of the order dated 17.06.2022 passed by the learned Sub-Divisional Judicial Magistrate, Patna in Complaint Case No. 4184(C) of 2022; together with directions to the Principal Judge, Family Court, Patna to conclude Matrimonial Case No. 481 of 2024 at the earliest and to decide the parties' waiver-of-six-months-period application within a week of its filing.

Issue for consideration

Whether the Criminal Miscellaneous application of the petitioners seeking quashing of the order dated 17.06.2022 passed by the learned Sub-Divisional Judicial Magistrate, Patna in Complaint Case No. 4184(C) of 2022 should be allowed in view of the joint compromise petition filed by the parties agreeing to settle their disputes.

Court's answer

In view of the joint compromise petition filed by the parties (Shilpi Kumari and Ashish Ranjan), who agreed to settle their disputes, the Criminal Miscellaneous application is allowed and the order dated 17.06.2022 passed by the learned Sub-Divisional Judicial Magistrate, Patna in Complaint Case No. 4184(C) of 2022 is quashed.

Ratio / Principle

The Principal Judge, Family Court, Patna is directed to conclude the pending Matrimonial Case No. 481 of 2024 (under Section 13B of the Hindu Marriage Act) at the earliest, to consider the parties' application for waiver of the six months period in accordance with law, and the waiver application must be decided within a week of its filing.

Detailed headnote1 paragraphs

Patna High Court (Sandeep Kumar, J.) — Oral Order dated 18-07-2024 in Criminal Miscellaneous No. 17671 of 2023 (arising out of Complaint Case/PS Case No. 4184 of 2022, Patna Complaint): On a joint compromise petition filed by the parties (Shilpi Kumari and Ashish Ranjan) agreeing to settle their disputes, the Court allowed the application of petitioners Arbind Kumar Sinha and Anjana Sinha and quashed the order dated 17.06.2022 passed by the learned Sub-Divisional Judicial Magistrate, Patna in Complaint Case No. 4184(C) of 2022. The Court further directed the Principal Judge, Family Court, Patna to conclude the parties' Matrimonial Case No. 481 of 2024 (under Section 13B of the Hindu Marriage Act) at the earliest, to consider their application for waiver of the six months period in accordance with law, deciding that waiver application within a week of its filing, and ordered communication of this order to the Family Court by FAX or e-mail forthwith.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.17671 of 2023

Arising Out of PS. Case No.-4184 Year-2022 Thana- PATNA COMPLAINT CASE District-

Patna

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

ARBIND KUMAR SINHA Son of Late Basudev Narain Prasad Residing at Village - Nikhti Kala, P.S.- Raghunathpur, District - Siwan, Local Address - Flat No. 2A-1, Bhanu Kutir Apartment, R.P.S. More, Baily Road, P.S.Danapur, Patna.

Anjana Sinha Wife of Arvind Kumar Sinha Residing at Village - Nikhti Kala, P.S.- Raghunathpur, District - Siwan, Local Address - Flat No. 2A-1, Bhanu Kutir Apartment, R.P.S. More, Baily Road, P.S.- Danapur, Patna.

... ... Petitioner/s

Versus

The State of Bihar

Shilpi Kumari Wife of Ashish Ranjan Daughter of Anil Kumar, Resident of Hanuman Nagar, P.S.- Patrakarnagar, P.O.- Lohiyanagar, District - Patna 800020

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Ranjeet Kumar, Advocate For the Opposite Party/s : Mr. Dr. Ajeet Kumar, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER

4 18-07-2024 Heard learned counsel for the petitioner, Mr.

Ranjeet Kumar, learned APP for the State and Mr. Anjani Kumar Jha, learned counsel for the opposite party no.2.

A joint compromise petition has been filed by the parties (Shilpi Kumari & Ashish Ranjan) and the parties have agreed to settle their disputes.

In view of the above, this application is allowed. The order dated 17.06.2022, passed by the learned SubDivisional Judicial Magistrate, Patna in Complaint Case No. 4184 © of 2022 is hereby quashed.

It has been jointly submitted by the parties that the Matrimonial Case No. 481 of 2024 is pending in the Court

Patna High Court CR. MISC. No.17671 of 2023(4) dt.18-07-2024 2/2

of Principal Judge, Family Court, Patna under Section 13B of the Hindu Marriage Act.

The Principal Judge, Family Court, Patna is directed to conclude the same at the earliest and he will also consider the application of the parties for waiver of the six months period in accordance with law. The waiver application must be decided within a week of its filing.

Let a copy of this order be communicated to the Principal Judge, Family Court, Patna through FAX or e-mail forthwith.

(Sandeep Kumar, J)

Guddu/-

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