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Patna High CourtCR. MISC./4601/2023allowed

Umesh Kumar Singh v. The State Of Bihar

2023-10-19Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4601 of 2023 Arising Out of PS. Case No.-680 Year-2019 Thana- ARA NAWADA District- Bhojpur ====================================================== 1.

UMESH KUMAR SINGH S/O LATE RAMAYAN SINGH Resident of Village- Basistnagar P.S.- Ara Nawada, District- Bhojpur. 2.

BABITA DEVI W/O UMESH KUMAR SINGH Resident of VillageBasistnagar P.S.- Ara Nawada, District- Bhojpur. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

MAHAVIR SINGH S/O LATE RAMAYAN SINGH Resident of VillageBasistnagar, P.S.- Ara Muffasil, District- Bhojpur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arun Kumar Singh, Advocate Mr. Ajay Kumar Singh, Advocate For the Opposite Party/s :

Mr. Anuj Kumar Shrivastava, A.P.P.

For the O.P. No. 2 :

Mr. Anil Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL JUDGMENT Date : 19-10-2023 Heard learned counsel for the petitioners, learned A.P.P. for the State and learned counsel for the opposite party no. 2.

2. The present application has been filed for quashing the order dated 17.12.2022 passed by the learned Chief Judicial Magistrate, Bhojpur at Ara in Ara Nawada P.S. Case No. 680 of 2019 dated 24.08.2019 whereby cognizance of the offences under Sections 341, 323, 504 and 448/34 of the Indian Penal Code has been taken against the petitioners.

3. Learned counsel for the petitioners submits that petitioner no. 1 and opposite party no. 2 are own brothers and petitioner no. 2 is wife of petitioner no. 1. It is further submitted

Patna High Court CR. MISC. No.4601 of 2023 dt.19-10-2023 2/2 that on intervention of the well wishers the brothers have compromised the case.

4. Learned counsel for the opposite party no. 2 concurs with the submission of the learned counsel for the petitioners and submits that he has instruction to make submission that in the event if order dated 17.12.2022 whereby cognizance has been taken is quashed, the opposite party no. 2 shall have no objection.

5. Considering the joint submissions made by the learned counsel for the petitioners, the order dated 17.12.2022 passed by the learned Chief Judicial Magistrate, Bhojpur at Ara in Ara Nawada P.S. Case No. 680 of 2019 dated 24.08.2019 whereby cognizance of the offences under Sections 341, 323, 504 and 448/34 of the Indian Penal Code has been taken against the petitioners is hereby quashed.

6. Accordingly, this application stands allowed. (Satyavrat Verma, J) Kundan/- AFR/NAFR N.A.

CAV DATE N.A.

Uploading Date 19.10.2023 Transmission Date 19.10.2023