Patna High CourtCR. MISC./21179/2021disposed

Virbhadra v. The State Of Bihar

2024-02-16Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21179 of 2021 Arising Out of PS. Case No.-701 Year-2020 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== 1.

Virbhadra Son Of Late Yugal Kishore Singh Resident Of House No. 393/2 Chitrakoot, Baily Road Rukanpura, P.S.- Rupaspur, District- Patna. 2.

Priyanka Singh Wife Of Virbhadra Resident Of House No. 393/2 Chitrakoot, Baily Road Rukanpura, P.S. - Rupaspur, District- Patna. 3.

Abhay Son Of Sri Lal Babu Singh Resident Of Village- Madhuban, P.S. Madhuban, District- East Champiaran (Wrongly Mentioned In The Complaint Petition As Resident Of House No. 393/2 Chitrakoot Baily Road Rukanpura, P.S. - Rupaspur, District-Patna) ... ... Petitioner/s

Versus

The State of Bihar 2.

Smt. Sabitri Singh Wife Of Late Yugal Kishore Singh Resident Of House No. 393/2 Chitrakoot Baily Road Rukanpura, P.S.- Rupaspur, DistrictPatna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Md. Anisur Rahman, Advocate For the Opposite Party/s :

Mr.Kumar Ranjit Ranjan,A.P.P.

Mr. Aniket Kumar Thakur, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-02-2024 Heard learned counsel for the petitioners, learned A.P.P. for the State and learned counsel for the complainant / opposite party no. 2.

2. This petition has been filed for quashing the order dated 13.11.2020 passed in Complaint Case No. 701(P) of 2020 by learned J.M. 1st Class, Danapur (Patna) whereby learned Magistrate has taken cognizance for the offence under Sections 323, 420, 504, 120B and 447 of the Indian Penal Code.

Patna High Court CR. MISC. No.21179 of 2021(2) dt.16-02-2024 2/2

3. At the outset, Sri Aniket Kumar Thakur, learned counsel for the complainant / opposite party no. 2 appears and submits that parties have entered into an agreement and the dispute has been settled amicably.

4. In view of nature of allegation and factum of compromise between the parties, continuation of the proceedings shall amount to abuse of the process of the Court.

5. Accordingly, the order dated 13.11.2020 passed in Complaint Case No. 701(P) of 2020 by the learned J.M. 1st Class, Danapur (Patna) is, hereby, set aside and this petition is allowed.

(Prabhat Kumar Singh, J) anay/- U T