High Court Patna High Court - Orders

Amrendra Kumar Singh &Amp; Anr vs State Of Bihar &Amp; Anr on 21 April, 2011

Patna High Court – Orders
Amrendra Kumar Singh &Amp; Anr vs State Of Bihar &Amp; Anr on 21 April, 2011
                 IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Cr.Misc. No.54816 of 2006
                 1. AMRENDRA KUMAR SINGH, S/O BRAHMDEO
                    NARAYAN SINGH.
                 2. BINA DEVI, W/O AMRENDRA KUMAR SINGH.
                    BOTH R/O MOHALLA- RAJENDRA GRAM COLONY
                    NO.2, POLICE STATION- KATIHAR, DISTRICT-
                    KATIHAR.                         ......PETITIONERS.
                                          Versus
                  1. STATE OF BIHAR.
                  2. TULTULI RAI @ TULTULI SINGH, W/O
                     KAUSHALENDRA KUAMR VISHAL SINGH, D/O SRI
                     DILIP KUAMR RAI, R/O VILLAGE- NAYATOLA, P.S.-
                     KATIHAR.                        .......OPP. PARTIES.
                                          -----------

For the Petitioner:- Mr. Udit Narayan Singh, Adv.

Miss. Poonam Kumari, Adv.

For the State:- Mr. Jharkhandi Upadhayay, APP.
For the O.P.:- Mr. Rahamtulla, Adv.

4 21.04.2011 This application has been filed for quashing

the order dated 21.08.2006 passed by the Judicial

Magistrate, Ist Class, Katihar in Complaint Case No.

2445 of 2005.

Learned counsel for the petitioner submits that

the husband and the wife have filed a compromise

petition in Complaint Case No. 2445 of 2005.

The Judicial Magistrate, Ist Class, Katihar is

directed to examine the compromise petition, take the

statements of the informant and thereafter pass an order

in this case.

It is made clear that if the husband and wife
2

have compromised the matter, by both agreeing to live

with each other amicably, there is no need of continuing

both the criminal proceedings as the criminal proceeding

would be a wastage of time and misuse of the process of

law.

The application is disposed of with the

aforesaid observation.

( Sheema Ali Khan, J.)
Bhardwaj/