Patna High Court
Abhishek Kumar Pandey vs The State Of Bihar on 24 November, 2025
Author: Purnendu Singh
Bench: Purnendu Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41034 of 2025
Arising Out of PS. Case No.-797 Year-2019 Thana- BIHTA District- Patna
======================================================
Abhishek Kumar Pandey Son of Late Ramsakal Pandey Resident of village -
Patralaya, P.S.- Bihta, District - Patna
... ... Petitioner/s
Versus
1. The State of Bihar
2. Annu Kumari@ Annu Pandey Daughter of Manjay Singh Ex-wife of
Abhishek Kumar Pandey, Resident of Nagar Bihta, P.O.- Lai, P.S.- Bihta,
District - Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravi Bhardwaj, Advocate
Mr. Nilabh Ranjan, Advocate
Mr. Madhumaj Madhup, Advocate
For the O.P. No. 2 : Mr. Dhananjay Kumar, Advocate
For the State : Mr. Ram Anurag Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL JUDGMENT
Date : 24-11-2025
Heard learned counsel appearing on behalf of the
petitioner; learned counsel for the opposite party no. 2 and
learned APP for the State.
2. The petitioner has preferred application under
Section 528 of BNSS for quashing the order taking cognizance
dated 22.02.2021 passed by the learned ACJM-I, Danapur in
connection with G.R. No. 3026 of 2019 arising out of Bihta P.S.
Case No. 797 of 2019, by which learned ACJM-I, Danapur has
taken cognizance of offence under Sections 341, 323, 307 and
498(A) of the Indian Penal Code and Sections 3 and 4 of D.P.
Act.
Patna High Court CR. MISC. No.41034 of 2025 dt.24-11-2025
3. At the outset, it is informed by the learned counsels
appearing on behalf of the respective parties that a joint
compromise petition dated 22.11.2023 for dissolution of
marriage under Section 13B of the Hindu Marriage Act was
filed in Matrimonial Case No. 1142 of 2019 before the
Additional Principal Judge, Family Court, Patna, which has
been brought on record by way of 'Annexure-P/2' to the
quashing application, which bears the signature of both
petitioner and opposite party no. 2 and finally the marriage was
dissolved on 01.05.2024. However, the parties have not
withdrawn the cases filed against each other.
4. Today, the respective parties have informed that
they will file affidavit before the concerned Court withdrawing
all the cases, which are pending against the respective parties.
5. Learned district Court concerned where the cases
are pending must not consume time in procedural complicity by
giving date after date.
6. Both the parties are directed to file their respective
affidavit before the concerned Court after withdrawing all the
cases lodged against each other, which are pending, within a
period of sixty days.
7. The Court concerned must take into account the Act
Patna High Court CR. MISC. No.41034 of 2025 dt.24-11-2025
as per 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 Yogendra Yadav & Ors. Vs.
State of Jharkhand & Anr. reported in (2014) 9 SCC 653.
8. Accordingly, the order taking cognizance is
modified to the above extent.
9. The present quashing application stands disposed
of.
(Purnendu Singh, J)
Niraj/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 28.11.2025
Transmission Date 28.11.2025
