Patna High Court
Kunal Sharan vs The State Of Bihar on 12 May, 2025
Author: Chandra Shekhar Jha
Bench: Chandra Shekhar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32042 of 2025
Arising Out of PS. Case No.-704 Year-2016 Thana- KANKARBAG District- Patna
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Kunal Sharan Son of Sri Anil Kumar Sharan Resident of Flat No. D-53,
CFTRI Residential complex, Kalidasa Road, Jayalakshmipuram, Mysuru,
... ... Petitioner/s
Versus
1. The State of Bihar
2. Smt. Nidhi sinha Daughter of Sri Rameshwar Prasad Resident of Qr. No.
-A/21, Kankarbagh Housing Colony, Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ajit Kumar Sinha
For the Opposite Party/s : Mr.Anil Kumar
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CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL JUDGMENT
Date : 12-05-2025
1. Heard learned counsel appearing on behalf of
the parties.
2. Present petition is being filed by the petitioner
for quashing the order taking cognizance dated 03.01.2018
passed by the learned SDJM, Patna in Kankarbagh P.S. Case
No. 704 of 2016 under Section 498A of the IPC ( Section 85
of the BNS) and 3 & 4 of the D.P. Act in pursuance of an
order dated 11.11.2024 passed by the Hon'ble High Court of
Karnataka, Bengaluru in Misc. First Appeal No. 7739 of 2019,
by which the case has been disposed of in terms of
Memorandum of settlement with certain directions.
Patna High Court CR. MISC. No.32042 of 2025 dt.12-05-2025
3. Without going into the details of the case, it
would be suffice to state here that the learned counsel
appearing for the petitioner and the opposite party no. 2 have
appear before the Karnataka Mediation Center, Bengaluru and
finalized the terms of compromise. Accordingly, parties
appeared and disputes were resolved and compromise was
arrived at, for which a settlement deed was prepared and
signed by both the parties and their respective advocate
against one time full and final settlement amount of Rs.
21,00,000/- (Rupees Twenty One Lakh) therefore in view of
aforesaid fact, continuing of the present proceedings before
court below would only amount to abuse of the process of the
Court of law and, therefore, same be quashed/set aside. In
support of his submission learned counsel relied upon the
legal report of Hon'ble Supreme Court as available through
Abhishek vs. State of Madhya Pradesh as reported in
2023 SCC OnLine SC 1083.
4. It would be relevant to reproduce point no. "3"
of M.C. No. 92 of 2017 dated 27.05.2019 at Karnataka
Mediation Center, Bengaluru :-
Patna High Court CR. MISC. No.32042 of 2025 dt.12-05-2025
"The respondent/husband has agreed to pay a total
sum of Rs.21,00,000/- (Rupees Twenty One Lakhs
Only) to the respondent as detailed hereunder.
a) Rs.8,00,000/- (Rupees Eight Lakhs Only) by way of
RTGS/DD/NEFT/. The said payment shall be made to
the appellant at the time of passing orders by the
Hon'ble High Court of Karnataka in the above appeal.
b) Rs. 13,00,000/- (Rupees Thirteen Lakhs Only) by
way of RTGS/DD/NEFT/. The said payment shall be
paid to the appellant. When the appellant either
withdraws the criminal case filed by her under section
498A of IPC., on Magistrate at Patna against all
accused or the respondent get the same quashed for
which the appellant herein shall co-operate to close
the above case."
5. In furtherance of aforesaid agreed terms and
condition petitioner handover bank draft of Rs 13,00,000/-
dated 09.05.2025 bearing no. 761612 drawn on HDFC Bank
to Mr. Angad Kunwar (AUIN-3346) learned counsel for O.P.
No. 2 before this Court for O.P. No. 2 namely Nidhi Sinha. A
copy of vakalatnama was also provided to this Court which is
already filed on 08.05.2025. The copy of vakalatnama taken
on record.
6. In view of aforesaid factual and legal
submissions as parties resolved their disputes and differences
amicably, where their marriage stands dissolved under mutual
consent, in view of Section 13(B) of Hindu Marriage Act,
1956 against the permanent alimony of Rs. 21,00,000/-
Patna High Court CR. MISC. No.32042 of 2025 dt.12-05-2025
(Rupees Twenty one Lakh), which already appears received
by O.P. No. 2, accordingly, order dated 03.01.2018 passed
by learned SDJM, Patna in Kankarbagh P.S. Case No. 704 of
2016 is hereby quashed/set aside, with all its consequential
proceedings.
7. Accordingly, the petition stands allowed.
8. Let a copy of the judgment be sent to the learned
trial court forthwith.
(Chandra Shekhar Jha, J)
Sudha/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 13.05.2025
Transmission Date 13.05.2025
