Patna High Court
Kundan Gupta @ Kundan Kumar Gupta vs The State Of Bihar on 23 June, 2025
Author: Chandra Shekhar Jha
Bench: Chandra Shekhar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20174 of 2024
Arising Out of PS. Case No.- Year-0 Thana- District- Sitamarhi
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KUNDAN GUPTA @ KUNDAN KUMAR GUPTA SON OF RAGHUNATH
GUPTA R/O-BHARURA BHIMPUR, 49 ATRI, P.S.-RUNNISAIDPUR-
SITAMARHI
... ... Petitioner/s
Versus
1. THE STATE OF BIHAR
2. APARNA @ RINKI KUMARI WIFE OF KUNDAN KUMAR GUPTA
D/O-SRI RADHA KRISHNA PRASAD, AT PRESENT R/O-MIRCHAI
PATTI, RAMA DRESSES, JANKIASTHAN MAIN ROAD, SITAMARHI,
P.S. AND DISTT.-SITAMARHI
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Rama Kant Sharma, Sr. Adv
: Mr. Santosh Kr. Pandey, Adv
For the Opposite Party/s : Mr. Anil Kumar, APP
For the O.P. No. 2 : Mr. Mani Shankar Mishra, Adv
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CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL JUDGMENT
Date : 23-06-2025
Heard learned counsel appearing on behalf of the
parties.
2. The present application has been preferred by the
petitioner for quashing of order dated 16.02.2024 as passed
by learned Sub-Divisional Judicial Magistrate, Sadar,
Sitamarhi in connection with D.V. Case No. 07 of 2019.
3. The case of the prosecution, in brief, is that
informant/O.P. No. 2 married petitioner in the year 2015 but
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from the date of marriage, informant is residing separately
from her husband and after some days informant along with
her brothers and some unknown anti-social elements came at
the house of the petitioner, where they misbehaved and
assaulted the parents of the husband and also took away
valuable items and also started demanding to transfer the
house in her name, where father-in-law of the petitioner
instituted Sitamarhi P.S. Case No. 270 of 2019 under
Sections 341, 342, 323, 448, 380, 506 and 308/34 of the
I.P.C. against informant and aforesaid persons.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that marriage between the parties now
stands dissolved under their mutual consent in terms of
compromise dated 04.06.2024 as passed in Maintenance
Case No. 81 of 2019 by learned Principal Judge, Family
Court, Sitamarhi. It is submitted that O.P. No. 2 also received
permanent alimony of Rs. 26 lakhs and such parties dissolved
their disputes and differences and, therefore, continuing with
the present court proceedings before learned Trial Court
would only amount to abuse the process of law and,
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therefore, same is fit to be quashed and set-aside.
5. The factum of compromise as submitted aforesaid
is also affirmed by learned counsel appearing for O.P. No. 2.
6. Parties are also present in person and they
affirmed the aforesaid submission as advanced by their
learned counsels.
7. It would apposite to reproduce the joint
compromise petition as preferred on behalf of the parties,
which is as under :-
(1). That it is agreed between both the
parties that they will settled all the
disputes arose between them by this Joint
Compromise petition.
(2). That the petitioner prepare D.D. No.
536530 dated 02.04.2025 of Rs.
26,00,000/- (Rs. Twenty Six lakhs) in the
name of opposite party no. 2 as a
permanent alimony in compliance of the
order of the Hon’ble Court. The opposite
party no. 2 after taking the amount have
no claim of money against petitioner in
future.
(3). That both the parties will file a
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mutual consent divorce case before the
Principal Judge, Family Court, Sitamarhi
within a week after receiving the
permanent alimony and both the parties
undertake that they will co-operate each
other for taking mutual consent divorce
and if any party delay the matter then the
same will be subject to legal action.
(4). That the petitioner has filed following
case against opposite party no. 2:-
(i) Divorce Case No. 61/2019 pending
before Learned Principal Judge, Family
Court, Sitamarhi.
(ii) Session Trial No. 372 of 2022 arising
out of Sitamarhi P.S.Case No. 270/2019.
The petitioner undertakes that either he
withdraw the Divorce Case No. 61 of 2019
or take steps to convert it into mutual
consent divorce case. The petitioner will
withdraw the Session Trial No. 372 of
2022 arising out of Sitamarhi P.S. Case
No. 270/2019 within a fortnight.
(5). That the opposite party no. 2 has
filed following cases against petitioner and
his family members:-
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(i) Session Trial No. 578/2022 arising out
of Sitamarhi Mahila P.S. Case No.
20/2019 pending before Learned District
Judge, Sitamarhi.
(ii) Maintenance Case No. 81/2019
pending before the learned Principal
Judge, Family Court, Sitamarhi.
(iii) D.V. Case No. 07/2019 pending
before the learned Sub-Divisional Judicial
Magistrate, Sadar, Sitamarhi. The
opposite party No. 2 undertake that she
will withdraw above mentioned all the
three case filed against the petitioner and
his family members with in a fortnight.
(6). That both the parties undertakes that
they have no grievance against each other
after this compromise and they will not file
cases against each other and live
separately and peacefully.
(7). That both parties undertake that they
will help each other for taking mutual
consent divorce from the learned court
without any delay.
(8). That the present compromise petition
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without any pressure or threat.
8. It appears that petitioner lodged a case as
Sitamarhi P.S. Case No. 270 of 2019 against O.P. No. 2 for
which Sessions Trial No. 372 of 2022 is pending before the
Sessions Court, whereas O.P. No. 2 also lodged a Mahila P.S.
Case No. 20 of 2019 against petitioner which is pending as
Sessions Trial No. 578 of 2022 besides Maintenance Case No.
81 of 2019 pending before learned Principal Judge, Family
Court, Sitamarhi and D.V. Case No. 07 of 2019 pending
before the learned Sub-Divisional Judicial Magistrate, Sadar,
Sitamarhi.
9. In view of the compromise as discussed aforesaid
as parties resolved their differences, where their marriage
was dissolved by way of divorce and further O.P. No. 2
received permanent alimony of Rs. 26 Lakhs, continuing with
present criminal proceedings would only amount to the abuse
the process of court of law. Therefore the Sitamarhi P.S. Case
No. 270 of 2019 as lodged by petitioner against O.P. No. 2
along with Mahila P.S. Case No. 20 of 2019 lodged by O.P.
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No. 2 against petitioner along with Maintenance Case No. 81
of 2019 pending before the learned Principal Judge, Family
Court, Sitamarhi and also D.V. Case No. 07 of 2019 pending
before learned Sub-Divisional Judicial Magistrate, Sadar,
Sitamarhi are hereby quashed and set-aside to secure the
ends of justice.
10. Accordingly, present quashing petition stands
allowed.
11. Let a copy of this judgment be sent to the
learned trial court/concerned court forthwith.
(Chandra Shekhar Jha, J.)
S.Tripathi/-
AFR/NAFR NAFR CAV DATE NA Uploading Date 24.06.2025 Transmission Date 24.06.2025