Md.Halim and ors Vs. State of Bihar and anr - Court Judgment

Excerpt:
in the high court of judicature at patna criminal miscellaneous no.20165 o”1. md.halim son of late abdul jabbar (husband).2. md. salim son of late abdul jabbar (bhainsur).3. jahangir @ nanki son of late md. mohid (nandosi).4. lado wife of jahangir @ nanki (nanad).5. maili wife of md. halim (sautan).6. polia wife of md. salimu (gotani). all residents of koyala dipo nepali patti, p.s.-siliguri, district- darjeeling (w. bengal). .........petitioners versus 1. the state of bihar.2. husna bano wife of md. halim, daughter of abdul majid, mohallah line gariban mohallah, p.s. and district-kishanganj. .......opposite parties for the petitioners :- mr. dilip kumar singh, adv. for o.p. no. 2 :- mr. diwakar sinha, adv. for the state :- mr. dashrath mehta, a.p.p. ---------------------------------”12. 01.2012 heard learned counsel for the petitioners, learned a.p.p. for the state and learned counsel for opposite party no.2. learned counsel appearing on behalf of petitioners and learned counsel appearing on behalf of opposite party no. 2 jointly submits that petitioner no. 1, md. halim and opposite party no. 2, husna bano, are husband and wife, and both are leading the conjugal life happily. it has also been submitted that petitioner no. 1 (husband) and opposite party no. 2 (wife), have filed compromise petition in this regard in the trial court, which would appear from annexure-1 to the counter affidavit filed on behalf of opposite party no.2. since the matter relates to the differences in between petitioner no. 1 and opposite party no. 2, who are husband and wife and dispute has been settled in between them and both have filed compromise petition in the trial court, as appears from annexure-1 to the counter affidavit filed on behalf of complainant-opposite party no”2. this application is disposed of with a direction to the trial court to dispose of the complaint case no. 1244 of 2006 in the light of compromise petition, as filed by the complainant, husna bano and her husband, petitioner no. 1, without delay, preferably, within a period of one month in accordance with law. let this order be communicated to the court concerned through fax at the cost of the petitioners. (rajendra kumar mishra, j.) safik

Judgment:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.20165 o”

1. Md.Halim son of late Abdul Jabbar (Husband).

2. Md. Salim son of late Abdul Jabbar (Bhainsur).

3. Jahangir @ Nanki son of late Md. Mohid (Nandosi).

4. Lado wife of Jahangir @ Nanki (Nanad).

5. Maili wife of Md. Halim (Sautan).

6. Polia wife of Md. Salimu (Gotani). All residents of Koyala Dipo Nepali Patti, P.S.-Siliguri, District- Darjeeling (W. Bengal). .........Petitioners Versus 1. The State Of Bihar.

2. Husna Bano wife of Md. Halim, daughter of Abdul Majid, Mohallah Line Gariban Mohallah, P.S. and District-Kishanganj. .......Opposite Parties For the Petitioners :- Mr. Dilip Kumar Singh, Adv. For O.P. No. 2 :- Mr. Diwakar Sinha, Adv. For the State :- Mr. Dashrath Mehta, A.P.P. ---------------------------------”

12. 01.2012 Heard learned counsel for the petitioners, learned A.P.P. for the State and learned counsel for opposite party no.

2. Learned counsel appearing on behalf of petitioners and learned counsel appearing on behalf of opposite party no. 2 jointly submits that petitioner no. 1, Md. Halim and opposite party no. 2, Husna Bano, are husband and wife, and both are leading the conjugal life happily. It has also been submitted that petitioner no. 1 (husband) and opposite party no. 2 (wife), have filed compromise petition in this regard in the trial Court, which would appear from Annexure-1 to the counter affidavit filed on behalf of opposite party no.

2. Since the matter relates to the differences in between petitioner no. 1 and opposite party no. 2, who are husband and wife and dispute has been settled in between them and both have filed compromise petition in the trial Court, as appears from Annexure-1 to the counter affidavit filed on behalf of complainant-opposite party no”

2. this application is disposed of with a direction to the trial Court to dispose of the Complaint Case No. 1244 of 2006 in the light of compromise petition, as filed by the complainant, Husna Bano and her husband, petitioner no. 1, without delay, preferably, within a period of one month in accordance with law. Let this order be communicated to the court concerned through FAX at the cost of the petitioners. (Rajendra Kumar Mishra, J.) Safik