IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31215 of 2007 1. Rajiv Ranjan, Son of Sachchida Nand Ojha. 2. Asha Devi, Wife of Sachchidanand Ojha. 3. Nupoor Devi, Wife of Rajiv Ranjan. All are residents of Village Khabra, Police Station Sadar, District Muzaffarpur. ------- Petitioners Versus 1. State of Bihar. 2. Kumari Pallavi, Wife of Late Sanjiv Kumar, Resident of Village Khabra, Police Station Sadar, District Muzaffarpur, presently resides at Village Losjhani, Police Station Piri Bazar, District Lakhisarai. -------- Opposite Parties ----------- 5 24.11.2010 Having heard learned counsel for the petitioners and counsel for the State, this Court would find that the major portion of dispute between the petitioners and complainant opposite party no.2, has already been come to an end and, in fact, the opposite party no.2 has also been remarried. From the order dated 1.9.2009, relevant portion whereof, is quoted hereinbelow:- “Counsel for the petitioners submit that whatever death-cum-terminal benefits of the husband of complainant/opposite party no. 2, Late Sanjiv Kumar employed in Air Force was paid, has either already been given back to complainant, opposite party no. 2 or if any amount received from the Air Force is still lying in the custody of the petitioners the same will be given to the complainant, opposite party no. 2 in order to settle the matter for one settlement. 2 Counsel for the opposite party no. 2 would submit that apart from the payable amount which was paid to the family by way of compensation for the premature death of the husband of the complainant, opposite party no. 2, her ornaments have also been retained by the petitioners. This Court would direct the petitioners to come out with a straight forward affidavit with regard to the aforementioned claim of the complainant, opposite party no. 2 and in case this court is satisfied that complainant, opposite party no. 2 is given her due by way of compensation to the family by Air Force and her ornament, if any, has also been returned back, this Court would proceed to dispose of the matter in the light of the aforementioned stand of the petitioners.” it would be evident that the only issue, which now was sought to be resolved by this Court, was with regard to the payment of admissible amount to the opposite party no.2 as also return of her own ornaments. Though, the petitioners have filed supplementary affidavit stating that whatever due amount was payable has already been paid by the petitioners to the opposite party no.2, whereafter, she has also signed some sort of agreement by way of compromise but, nothing 3 has been said either in the agreement or in the supplementary affidavit as with regard to the return of ornaments. Counsel for the opposite party no.2, appearing in this case, is also not present. In that view of the matter, this Court would direct the trial court in seisin of Complaint Case No. 251 of 2005 to get it verified from the complainant as to whether the ornament, belonging to the opposite party no.2, has been returned. In the event, it is found that the ornament of the opposite party no.2 has already been returned and that now there is no subsisting claim of the opposite party no.2 particularly after her re-marriage as against the petitioners, the court below shall close the proceedings of complaint case no. 251 of 2005. On the other hand, if it is found that the ornaments of the opposite party no.2 has not been returned as yet but that the petitioners are prepared to return the same even in the court room, a liberty will be given to the petitioners to do so before terminating the proceedings of aforesaid complaint case against the 4 petitioners. It is however made clear that if the petitioners ultimately do not satisfy the grievance of the opposite party no.2 as with regard to return of the ornaments, the criminal proceeding against the petitioners in the pending complaint case no. 251 of 2005 shall continue till it reaches its logical conclusion. With the aforementioned observations and direction, this application is disposed of. Rsh (Mihir Kumar Jha, J.)