Amar Agrawal @ Amar Kumar Agarwal Vs The State of Bihar

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.24454 of 2024

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Arising Out of PS. Case No.-200 Year-2022 Thana- MADHEPURA COMPALINT CASE District- Madhepura

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

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Amar Agrawal @ Amar Kumar Agarwal son of Late Kishan Lal Agrawal Village- Surya Vihar Apartment Flat No-502, Exhibition Road Ps- Gandhi Maidan Dist- Patna

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Vivek Jagnani son of Late Pravin Jagnani Village- City Centre Apt. Near Punjab National Bank Ps- Patna City Dist- Patna

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Meena Jagnani wife of Late Pravin Jagnani Village- Shri Narayani Collection New Sadak Chowk Near Marwari School Ps- Patna City, DistPatna

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Pooja Agrawal wife of Rahul Agrawal, D/o- Late Pravin Jagnani VillageCloth Corner Boring Road Ps- Patna City Dist- Patna

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Rahul Agrawal @ Rahul Agrawal son of Shri Prakash Chandra Agrawal Village- Cloth Corner Boring Road Ps- Patna City Dist- Patna

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... ... Petitioner/s

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Versus

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The State of Bihar

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Shalini Kumari wife of Vipul Jagnani, D/o- Sursh Sarraf Village- Shri Narayani Collection New Sadak Chowk Near Marwari School Ps- Patna City Dist- Patna P/A- Gulzarbagh W.No-20, Madhepura Ps- Madhepura Dist- madhepura

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... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. N.K. Agrawal, Sr. Advocate Mr. Kumar Rajdeep, Advocate Ms. Diksha Kumari, Advocate For the Opposite Party/s : Mr. Md. Fahimuddin, APP For the O.P. No.2 : Ms. Deepika Sharma, Advocate Mr. Rajat Kr. Tiwari, Advocate ======================================================

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CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH

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ORAL ORDER

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5 09-09-2025 Heard Mr. N.K. Agrawal, learned Senior Counsel

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along with Mr. Kumar Rajdeep and Ms. Diksha Kumari, learned counsels appearing on behalf of the petitioners; Mr. Md. Fahimuddin, learned APP for the State and Ms. Deepika Sharma, along with Mr. Rajat Kr. Tiwari, learned counsels appearing on behalf of the O.P. No.2.

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Patna High Court CR. MISC. No.24454 of 2024(5) dt.09-09-2025 2/3

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The present application has been filed for quashing the order dated 18.07.2022 passed by the learned SubDivisional Judicial Magistrate, Madhepura in Complaint Case no.200 of 2022, by which cognizance of the offences has been taken under Sections 323, 341, 498(a), 504/34 of the Indian Penal Code and Section 3/4 of the D.P. Act.

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At the outset, it is informed by the learned counsels appearing on behalf of the respective parties that an application under Section 13B of the Hindu Marriage Act, 1955 has jointly been filed by the O.P. No.2 namely Shalini Kumari and her husband namely Vipul Jagnani before the Principal Judge, Madhepura on 09.06.2025 for mutual dissolution of their marriage on certain terms and conditions and the same has been disposed of vide order dated 02.09.2025. Learned counsel, in this view, submitted that no case is made out against the petitioners and the entire criminal proceeding in connection with Complaint Case no.200 of 2022 is fit to be set aside and quashed in light of the law laid down by the Apex Court in the case of B.S. Joshi v. State of Haryana, reported in, (2003) 4 SCC 675 ; Gian Singh v. State of Punjab , reported in (2012) 10 SCC 303; Jitendra Raghuvanshi & Ors. Vs. Babita Raghuvanshi & Ors. , reported in (2013) 4 SCC 58 and

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Patna High Court CR. MISC. No.24454 of 2024(5) dt.09-09-2025 3/3

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Yogendra Yadav & Ors. Vs. State of Jharkhand & Anr. reported in (2014) 9 SCC 653 .

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In view of the application jointly filed under Section 13B of the Hindu Marriage Act, 1955 by the O.P. No.2 namely Shalini Kumari and her husband namely Vipul Jagnani before the learned Principal Judge, Madhepura on 09.06.2025, for mutual dissolution of their marriage on certain terms and conditions and the same having been disposed of vide order dated 02.09.2025, I find that in light of the law laid down by the Apex Court, as discussed hereinabove, continuation of the criminal proceeding against the petitioners will be abuse of process of law.

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Accordingly, entire proceeding in connection with Complaint Case no.200 of 2022 and also the cognizance order dated 18.07.2022 passed by the learned Sub-Divisional Judicial Magistrate, Madhepura are set aside and quashed.

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The quashing application stands disposed of.

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Interlocutory application(s), if any, also stands disposed of.

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(Purnendu Singh, J)

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Sanjay/Ashishsingh/-

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U T

Amar Agrawal @ Amar Kumar Agarwal v. The State of Bihar

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Amar Agrawal @ Amar Kumar Agarwal v. The State of Bihar

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