IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18204 of 2009 Dr. Shushil Kumar @ Shushil Kumar, son of Ram Charitra Nayak, village Supaul Bazar, PS Biraul, district Darbhanga – petitioner. Vs. 1. The State of Bihar, 2. Ganesh Pd Sha, son of Late Nadipati Sah, village Banchowri, PS Dumra, District Sitamarhi – opp. parties. 8 28.1.2010 Heard learned counsel for the parties. This application has been filed for quashing the F.I.R. of Dumra PS Case No. 150/2009 filed in the district of Sitamarhi. It is submitted that the court at Sitamarhi had no jurisdiction to try the matter as the occurrence took place within Biraul police station of Darbhanga district. When the matter was taken up for hearing on 7.9.2009, the case was fixed on 14.9.2009 for appearance of the petitioner, his wife Usha Devi and father-in-law Ganesh Pd. On 14.9.2009 it was submitted that the petitioner had already obtained a decree of divorce from the competent court although the divorce was granted ex parte as the wife had not appeared during the divorce proceedings. Usha Devi has filed Misc. Case No. 35/2009 for setting aside the decree of divorce granted by order, dated 21.10.2008 by the Principal Judge, Family Court, Darbhanga. The parties agreed that they would withdraw all the civil and criminal cases if the petitioner would make a settlement in favour of his wife. Accordingly the parties agreed to pay a total sum of Rs. 850,000/- to Usha Devi as one time settlement. On 12.1.2010 the petitioner produced three demand drafts of different sums which have 2 been deposited in Account No. 2654 of Usha Devi in Central Cooperative Bank, Sitamarhi. In view of the payments made in favour of Usha Devi as aforesaid, the impugned F.I.R. and the criminal proceeding arising out of Dumra PS Case No. 150/2009 are hereby quashed. At this stage Usha Devi undertakes to withdraw Misc. Case No.35/2009 filed for setting aside the decree of divorce since the matter has been pending before the Principal Judge, Family Court, Darbhanga. The Principal Judge, Family Court, Darbhanga may on production of a copy of this order, drop the proceeding of Misc. Case No. 35/2009, considering the fact that the parties have settled the matter amicably between the them. On a petition being filed either by the petitioner or by Usha Devi the court will pass appropriate orders dropping Misc. Case No. 35/2009 recording that the matter has been compromised in the High Court. This application is allowed with the aforesaid observations and directions. haque (Sheema Ali Khan, J.)