CRIMINAL MISCELLANIOUS No.32367 OF 2004 In the matter of an application under Section 482 of the Code of Criminal Procedure. 1. SHANTI DEVI, WIFE OF LATE RAM SWAROOP SAH. 2. SANJAY KUMAR @ SANJAY KUMAR GUPTA, SON OF LATE RAM SWAROOP SAH. 3. SHILA KUMARI @ SHILA GUPTA, DAUGHTER OF LATE RAM SWAROOP SAH, ALL RESIDENT OF VILLAGE BHABHAUL, P.S. PUNPUN, DISTRICT PATNA, AT PRESENT RESIDING AT MOHALLA HARISH CHANDRA NAGAR, SIPARA, P.S. PHULWARISHARIF, DISTRICT PATNA. ---------------------------------------------------------------------------------------------- PETITIONERS Versus 1. THE STATE OF BIHAR. 2. RAKHI KUMARI, DAUGHTER OF SRI NAWRATANLAL GUPTA, RESIDENT OF VILLAGE BELWARGANJ, P.O. GULJARBAG, P.S. ALAMGANJ, DISTRICT PATNA. ------------------------------------------------------------------------------------- OPPOSITE PARTIES For the petitioners :- Mr. Amrendra Narayan Rai, Advocate For the State :- Mr. Jharkhandi Upadhyay, A.P.P. For O.P. No. 2 :- None. P R E S E N T THE HON'BLE JUSTICE SMT. SHEEMA ALI KHAN S.A. Khna, J. The petitioners are the in-laws. There is a vague allegation against them that they also had ill treated the daughter- in-law. The allegation of demand is against the husband. During the pendency of this application, it appears that Rakhi Kumari began to reside with her husband. As reconciliation proceeding has started in the Court of the Sub-divisional Judicial Magistrate, Patna, learned counsel for the petitioners submits that in fact there is no dispute left between the parties and Rakhi Kumari has been blessed with a second child after filing of this quashing application. 2 2. In the circumstances, I direct that the Sub-divisional Judicial Magistrate, Patna may confirm the fact that Rakhi Kumari is living with her husband before proceeding to frame charges in Phulwari P.S. Case No. 197 of 2003, G.R. Case No. 2119 of 2003. 3. I may point out that Ram Swaroop Sah has died during the pendency of this application and an affidavit has been filed to that effect as such matters against Ram Swaroop Sah would automatically stand dropped. 4. This application is disposed of with the aforesaid observation and direction. The petitioners are directed to bring the order of this court to the notice of the Sub-divisional Judicial Magistrate, Patna within a period of eight weeks from the date of receipt of a copy of this order. If the Sub-divisional Judicial Magistrate, Patna finds that the parties are living together, it would be proper for him to drop the case, as in fact, no criminal offences would be made out against these petitioners. Patna High Court, The 11th of February, 2011 N.A.F.R./Sanjay ( Sheema Ali Khan, J.)