IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.493 of 2011 Ravindra Kumar Yadav Versus The State Of Bihar ----------- 11/ 26.09.2011 Heard learned counsel for the petitioner as well as learned counsel for the informant of Chandauti P.S. Case no. 174/2010. Vide order dated 25.8.2011 petitioner was directed to produce order of withdrawal of Matrimonial suit no.115/2010 pending in the court of Principal Judge, Family court, Ranchi and furthermore, the Chief Judicial Magistrate, Gaya was directed to dispose off Chandauti P.S. Case no. 174/2010 within a month from the date of passing of the order keeping in mind the settlement which has taken place between the parties. Learned counsel appearing for the petitioner produced certified copy of order dated 7.9.2011 passed by the Principal Judge, Family court, Ranchi in Matrimonial suit no.115/2010 and submitted that as per direction of this court, petitioner and the informant filed joint petition for withdrawal of Matrimonial suit no.115/2010 before the Principal Judge, Family court, Ranchi and the aforesaid court was pleased to permit the parties to withdraw the aforesaid suit in the light of the prayer made on behalf of the parties and the above stated court dismissed the above stated suit as withdrawn. Learned counsel for the petitioner further pointed out that as per his information, Chandauti P.S. Case no. 174/2010 has not been concluded as yet and the aforesaid case is still pending. It is further contended by him that in the interest of justice and to preserve married 2 life of the parties, this court should exercise the power vested under section 482 of the Cr.P.C and by exercising the above stated power, the prosecution of the petitioner and other accused in Chandauti P.S. Case no. 174/2010 should be quashed. It would appear from perusal of the record that Chandauti P.S. Case no. 174/2010 was lodged by the informant of the aforesaid case for the offence under section 498A/34 of the IPC and 3/ 4 of the D.P. Act against the petitioner and other accused persons. Petitioner was remanded in the aforesaid Chandauti P.S. Case no. 174/2010 on 14.10.2010 and his prayer for bail was rejected not only by the trial court but also by the Sessions Judge, Gaya and, thereafter, the petitioner filed the present Cr. Misc. no.493/2011 for consideration of his prayer for bail. It is also apparent from the record that on account of efforts made by this court with the assistance of learned counsels appearing for the parties, parties agreed to lead their conjugal life happily and peacefully and also resolved their all disputes with happy note of compromise. It would further appear from the record that presently, informant of Chandauti P.S. Case no. 174/2010 is residing along with the petitioner at her matrimonial home and on 25.7.2011, when this court enquired from her, she expressed her full satisfaction towards the behavior of the petitioner and his other in-laws and this court observed in order dated 25.8.2011 that there was no necessity to keep the present petition pending. In the aforesaid backdrop, particularly, keeping in mind that in spite of direction of this court, the trial Judge could not succeed to 3 dispose off Chandauti P.S. Case no. 174/2010 and also this aspect of the matter that there is no need to keep the lis pending between the parties, this court thinks it proper to exercise its power vested under section 482 of the Cr.P.C to check the abuse of process of law and accordingly, provisional bail granted to the petitioner vide order dated 4.2.2011 is, hereby, confirmed and simultaneously, entire FIR and proceedings of Chandauti P.S. Case no. 174/2010 are, hereby, quashed. It is made clear that if, in future, any dispute arises between the parties, the parties are at their liberty to file fresh case and this order will not operate as hurdle in filing of the fresh case. Accordingly, this petition stands disposed off. shahid (Hemant Kumar Srivastava,J)