Ashok Kumar vs State of Bihar

Ashutosh Kumar, J. (Oral) - Heard Mr. Akashdeep, learned counsel for the petitioner and Mr. Shyameshwar Kumar Singh, learned counsel for the opposite party no.2. The State is represented by Mr. Arun Kumar Singh No.5, learned Additional Public Prosecutor.

The petitioner has challenged the order of cognizance dated 12.01.2008 passed by the learned Chief Judicial Magistrate, Dalsinghsarai in Complaint Case No.CC/600 of 2007, whereby cognizance was taken under Section 498A of the Indian Penal Code.

With the passage of time, a Court of competent jurisdiction declared the marriage to be null and void.

Learned counsel for the petitioner submits that in view of such declaration by a competent Court, the proceeding, if allowed to remain alive, would be an abuse of the process of the Court. He further submits that a settlement also was arrived at privately. Pursuant to such an agreement, a substantial amount of money also had been paid by the petitioner to the opposite party no.2 so that she could fend for herself during the period that she remains single.

Mr. Shyameshwar Kumar Singh, learned counsel for the opposite party no.2 does not controvert any of the two submissions made by Mr. Akashdeep, learned counsel for the petitioner.

Considering the above two aspects of the matter, this Court is inclined to consign the records of this case. The order taking cognizance, as against the petitioner, dated 12.01.2008 passed by the learned Chief Judicial Magistrate, Dalsinghsarai in Complaint Case No.CC/600 of 2007, which is under challenge, is set aside.

The application is allowed.