VIJAY SHANKAR PATHAK Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioners and learned A.P.P. for the State.

(2.) The case was taken up on 26/9/2023, on the said date no one appeared on behalf of the Opposite Party No.2. Thereafter, the case was taken up on 27/9/2023, again no one appeared on behalf of the Opposite Party No.2. Today, when the matter is taken up, again no one appears on behalf of the Opposite Party No.2.

(3.) The learned counsel for the petitioners submits that the matrimonial dispute in between the husband and the wife has been compromised, thereafter, divorce by mutual consent has been obtained as would be evident from 'Annexure-2' to the supplementary affidavit, it is next submitted that the petitioners are maternal father-in-law and maternal uncle and have falsely been implicated in the case with general and omnibus allegation. It is next submitted that since the matter has been compromised and divorce has been obtained by mutual consent in between the Opposite Party No.2 and her husband, as such, it appears that the Opposite Party No.2 has lost interest in the case, thus, the learned counsel for the Opposite Party No.2 is not appearing. The learned counsel next submits that even from perusal of the allegation as alleged in the complaint petition instituted by the Opposite Party No.2, it would manifest that the allegations against the petitioners are general and omnibus in nature i.e. no specific allegation is alleged, it is also submitted that petitioner no.1 being the maternal grand-father of the husband of the Opposite Party No.2 and petitioner no.2 being maternal uncle of the husband of the Opposite Party No.2, are not even staying with the family of the husband of the O.P. No.2. It is next submitted that whenever any dispute, more particularly, matrimonial dispute arises, the entire family members are implicated in a mechanical manner.