IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.44327 of 2019 Arising Out of PS. Case No.-1263 Year-2016 Thana- BHAGALPUR COMPLAINT CASE District- Bhagalpur ====================================================== 1. Dinesh Chandra Pandey S/O Late Shyam Bihari Pandey R/O Village- Larkaniya Tola, Ward No. 18, Katihar, P.S.- Town, District- Katihar 2. Anita Devi W/O Dinesh Chandra Pandey R/O Village- Larkaniya Tola, Ward No. 18, Katihar, P.S.- Town, District- Katihar 3. Gautam Pandey S/O Dinesh Chandra Pandey R/O Village- Larkaniya Tola, Ward No. 18, Katihar, P.S.- Town, District- Katihar ... ... Petitioner/s Versus 1. The State of Bihar 2. Bhagya Shree D/o Late Achchyatanand Singh R/o Mohalla- Bhikhanpur, Gumati No. 2, Bhatha Road, P.S.- Ishakchak, District- Bhagalpur ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Bhaskar Shankar For the Opposite Party/s : Mr. Md. Matloob Rab For the O.P. No. 02 : Mr. Sunil Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 7 10-04-2025 Heard the learned counsel for the petitioners, learned APP appearing for the State and the learned counsel for the O.P. No. 02; Sri Sunil Kumar Singh. 2. This is an application for quashing of the order dated 21.12.2018 passed by the learned Sub-Divisional Judicial Magistrate, Bhagalpur in Complaint Case No. 1263 of 2016 by which discharge petition filed under Section 245 Cr.P.C. was rejected and charges were framed against the petitioners under Sections 498(A), 341 & 323 of the Indian Penal Code and Section ¾ of the DP Act. Patna High Court CR. MISC. No.44327 of 2019(7) dt.10-04-2025 2/2 3. Learned counsels for both the parties have relied upon the Divorce Petition vide Matrimonial (Divorce) Case No. 34 of 2025. 4. Paragraphs L and M of the Divorce Petition vide Matrimonial (Divorce) Case No. 34 of 2025 read as follows:- “L). That the petitioner no. 2 (wife) will withdraw/co-operate in disposal of Complaint Case no. 1263/2016 pending in the court of S.D.J.M., Bhagalpur on the date fixed in said case (01.03.2025) after filing/admission of mutual consent of divorce. M) That all the cases Complaint Case No. 1263/2016 and Maintenance Case No. 82/2018 filed by petitioner no. 2 Bhagya Shree pending in the court of S.D.J.M. Bhagalpur and in the court of Principal Judge, Family Court, Bhagalpur and Divorce Case No. 419/2022 filed by petitioner no. 1(husband) pending in the court of Principal Judge, Family Court, Bhagalpur each shall be withdrawn/disposed of by them by joint efforts immediately on the basis of compromise after admission of petition for mutual consent of divorce.” 5. Pursuant to the statements made in the divorce petition, this application is allowed. Accordingly, the order dated 21.12.2018 passed by the learned Sub-Divisional Judicial Magistrate, Bhagalpur in Complaint Case No. 1263 of 2016 is hereby quashed. Shishir/- (Sandeep Kumar, J) U T