Allowed¶22

Veena Sinha v. The State of Bihar

Patna HC11 Jul 2024CR. MISC./21140/2023

Case brief

AI extract

What is this about?

Patna HC CR. MISC. No.21140 of 2023 (decided 11-07-2024, Sandeep Kumar J): quashing of cognizance order dated 27.01.2020 (ACJM-XIV, G.R. No. 5903 of 2018, Rajeev Nagar PS Case 333/2018) under S. 498A, S. 34 IPC and Ss. 3-4 D.P. Act; matrimonial dispute settled; divorce by mutual consent (Matrimonial Case No. 55 of 2024, Family Court Patna, Rs. 8 Lakh paid); wife/O.P. No. 2 declined to continue criminal proceedings; quashed against all accused; application allowed.

What did the court decide?

Quashing of the order dated 27.01.2020 passed by the A.C.J.M., XIV, in G.R. No. 5903 of 2018 (Rajeev Nagar P.S. Case No. 333 of 2018) against all the accused persons. ¶22

Veena Sinha Vs The State of Bihar — Dowry and Cruelty | Patna HC (2024)

What the court decided

AI extract

Outcome

Quashing of the order dated 27.01.2020 passed by the A.C.J.M., XIV, in G.R. No. 5903 of 2018 (Rajeev Nagar P.S. Case No. 333 of 2018) against all the accused persons.

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Issue for consideration

Whether the order dated 27.01.2020 passed by the A.C.J.M., XIV in G.R. No. 5903 of 2018 (Rajeev Nagar P.S. Case No. 333 of 2018) taking cognizance against the petitioners and other accused persons should be quashed, in view of the settlement between the parties, the divorce by mutual consent, and O.P. No. 02's statement that she will not continue the criminal proceeding.

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Court's answer

The criminal miscellaneous application is allowed and the order dated 27.01.2020 passed by the A.C.J.M., XIV, in G.R. No. 5903 of 2018 (Rajeev Nagar P.S. Case No. 333 of 2018), whereby cognizance was taken for offences under Sections 498A, 34 IPC and Section 3/4 of the D.P. Act, is quashed against all the accused persons.

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Ratio / Principle

The quashing rests on the ground that the parties had settled their disputes, divorce by mutual consent had been granted in Matrimonial Case No. 55 of 2024, and O.P. No. 02 stated in her divorce proceeding that she had settled the dispute with her husband and would not continue with any criminal proceeding.

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Detailed headnote1 paragraphs

Patna High Court, Criminal Miscellaneous No. 21140 of 2023, decided 11-07-2024 (Sandeep Kumar, J). The petitioners (accused persons) sought quashing of the order dated 27.01.2020 passed by the A.C.J.M., XIV in G.R. No. 5903 of 2018 (Rajeev Nagar P.S. Case No. 333 of 2018), by which cognizance was taken for offences under Sections 498A and 34 IPC and Section 3/4 of the D.P. Act. Learned counsel submitted that the petitioners and O.P. No. 02 had settled their disputes, divorce by mutual consent had been granted by the Principal Judge, Family Court, Patna in Matrimonial Case No. 55 of 2024 upon payment of Rs. 8 Lakh to O.P. No. 02, and in her statement recorded during the divorce proceeding O.P. No. 02 had said that she had settled the dispute with her husband and would not continue with any criminal proceeding. None appeared for O.P. No. 02 despite valid service of notice. Holding that, in that view of the matter, the application was allowed and the cognizance order dated 27.01.2020 was quashed against all the accused persons.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.21140 of 2023

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Arising Out of PS. Case No.-333 Year-2018 Thana- RAJIVNAGAR District- Patna

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

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Veena Sinha Wife Of Late Yamuna Prasad Mohalla South Chitraguptanagar Kankarbagh Ps- Patrakar Nagar Dist- Patna

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Shashi Bhushan Sonof Late Yamuna Prasad Mohalla South Chitraguptanagar Kankarbagh Ps- Patrakar Nagar Dist- Patna

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... ... Petitioner/s

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Versus

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The State Of Bihar Bihar

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Anamika Sinha Wife Of Ravi Bhushan Sinha Mohalla- House No-E-7, Pashupanjali Niketan Abhiyanta Nagar Ram Nagri Ashiyana Nagar PsRajeev Nagar, Patna

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Rohit Mishra For the Opposite Party/s : Mr.Md. Matloob Rab ======================================================

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CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER

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3 11-07-2024

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None had appeared for O.P. No. 02 despite valid

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service of notice.

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Heard the learned counsel for the petitioner and the learned APP for the State.

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This application has been filed against the order dated 27.01.2020 passed by the A.C.J.M., XIV, in G.R. No. 5903 of 2018 (Rajeev Nagar P.S. Case No. 333 of 2018) by which the court below has taken cognizance for the offences under Section 498A, 34 of the IPC and Section ¾ of D.P. Act.

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It has been submitted by the learned counsel for the petitioner that the petitioners and the O.P. No. 02 had settled

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Patna High Court CR. MISC. No.21140 of 2023(3) dt.11-07-2024 2/2

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their disputes and divorce by mutual consent has been granted to the O.P. NO. 02 with her husband by the Principal Judge, Family Court, Patna in Matrimonial Case No. 55 of 2024 after payment of Rs. 8 Lakh to the O.P. No. 02.

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In her statement recorded during divorce proceeding, the O.P. No. 02 has said that she had settled the dispute with the husband and she will not continue with any criminal proceeding.

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In that view of the matter, this application is allowed and the order dated 27.01.2020 passed by the A.C.J.M., XIV, in G.R. No. 5903 of 2018 (Rajeev Nagar P.S. Case No. 333 of 2018) is hereby quashed against all the accused persons.

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(Sandeep Kumar, J)

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Shishir/-

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Veena Sinha v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Veena Sinha v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

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