High CourtsSingle Bench(2011) 04 PAT CK 0216

Reena Gupta @ Aaisha Prabeen and Wasim Ahmad vs The State of Bihar and Vikash Kumar

Patna High Court · Decided on 19 April 2011

HON’BLE JUDGES
Sheema Ali Khan, J
CASE NUMBER
Criminal Miscellanious No. 37553 of 2006

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Judgment

5 paragraphs · 296 words

Sheema Ali Khan, J.—The Petitioners have come to this Court for quashing of the Complaint Case No. C 632 of 2002/Trial No. 721 of 2006 under Sections 420, 495, 406, 479 and 504 of the Indian Penal Code.

2.

The Petitioner No. 1 is married to Petitioner No. 2 and both of them are living happily for several years now. It appears that a case was instituted by the father of Reena Gupta against the Petitioner No. 2 alleging that the Petitioner No. 2 had kidnapped Reena Gupta. The girl was recovered and after recovery, she was released and was given liberty to live with her husband-Petitioner No. 2. The case failed. Thereafter, the present case has been filed being Complaint Case No. C 632 of 2002. In the present complaint case, the allegation is that the Petitioner No. 1 was married with Opposite Party No. 2 and in the life time of her husband, she has remarried Petitioner No. 2.

3.

Counsel for the parties submits before this Court that they do not want to proceed any further in this matter. In fact, Opposite Party No. 2 Vikash Kumar has subsequently stated in the Court, during trial that he has compromised the matter and he does that he subsequently divorced Reena Gupta. In effect, the evidence would give a go-bye to the entire prosecution case.

4.

In the facts aforesaid, I think it would be proper for the Trial Court to conclude the trial as expeditiously as possible and preferably within a period of three months from the date of receipt/production of a copy of this order keeping in mind that all the three parties are happily married and living their lives independently.

5.

This application is disposed of with the aforesaid observations and directions.