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2007 DIGILAW 138 (PAT)

Rajiv Ranjan v. State Of Bihar

2007-01-18

GHANSHYAM PRASAD

body2007
Judgment 1. This application under Sec. 482 Cr.P.C. has been filed to quash the order of cognizance dated 17.8.2005 passed by C.J.M., Patna in Gardanibagh P.S. Case No. 846 of 2004 thereby and thereunder cognizance under Sec. 498A alongwith other Sections of the I.P.C. have been taken against the petitioner who is husband of the victim lady. 2. Heard the learned counsel for the petitioner. No one appears on behalf of the opposite party no. 2 inspite of repeated calls. 3. It is submitted on behalf of the petitioner that earlier to the present case, the petitioner had filed a matrimonial case before the court of District Judge, Buxar in the year 2003 bearing Matrimonial Case No. 59 of 2003. Thereafter, fardbeyan was lodged by the opposite party no. 2 against this petitioner and others. However, the matrimonial case was disposed of in Special Lok Adalat and later on, the same was also accepted by the court of District Judge, Buxar vide order dated 16.4.2005. In support of it, Annexure-6 has been filed. It is further submitted that in terms of the compromise arrived at in Special Lok Adalat opposite party no. 2 filed compromise petition before the court below which is Annexure-10. 4. Perused Annexure-6 as well as Annexure-10. On perusal of the document, it appears that earlier to the present case, the petitioner filed a matrimonial case under Section 9 of the Bihar Hindu Marriage Act. in that very case, the opposite party no. 2 appeared. The matter was settled in Special Lok Adalat held at Buxar. Thereafter, the learned District Judge in terms of the settlement arrived in Special Lok Adalat disposed of the matrimonial case vide order dated 16.4.2005. In that very terms, it was agreed upon by both the parties that all litigations will be ended. It appears that in terms of the compromise arrived at in Special Lok Adalat, the opposite party no. 2 on 25.1.2006 filed a compromise petition before the court of S.D.M.J., Patna where the case was pending. 5. This case relates to matrimonial dispute between the parties. The matter has already been settled in the light of settlement arrived at in Lok Adalat. Therefore, continuance of the present criminal case against the petitioner will amounts to misuse of process of the court No purpose will be served by allowing this prosecution to continue further. 6. 5. This case relates to matrimonial dispute between the parties. The matter has already been settled in the light of settlement arrived at in Lok Adalat. Therefore, continuance of the present criminal case against the petitioner will amounts to misuse of process of the court No purpose will be served by allowing this prosecution to continue further. 6. Thus, having regard to the facts and circumstances of the case as well as the fact that the matter has already been settled between the parties, this application filed under Sec. 482 Cr.P.C. is hereby allowed and the impugned order of cognizance is also quashed. It is submitted that at present the case is pending in the court of Additional Sessions Judge-IIIrd, Patna.