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Patna High CourtCR. MISC./11695/2022allowed

Prem Prakash @ Pinku v. The State Of Bihar

2023-09-06Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11695 of 2022 Arising Out of PS. Case No.-19 Year-2020 Thana- PURNIA COMPLAINT CASE DistrictPurnia ====================================================== 1.

PREM PRAKASH @ PINKU Son of Sohan Thakur 2.

Sohan Thakur Son of Banarshi Thakur Both Resident of Village - Kumarpur, P.S. - Dharahara, District - Munger, at present residing at Khas Kajora, P.S. - Andal, Distt. - Barddhaman, West Bengal ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Nishi Kumari D/o Sri Awadh Kumar Resident of Village - Krishnapuri, Near Kali Flour Mill, P.S. - K. Hatt, Distt. - Purnea. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajeev Kumar Singh, Advocate Mr. Pranab Jha, Advocate Mr. Prabhojot Singh, Advocate For the Opposite Party/s :

Mr. Nand Kishore Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 06-09-2023

1. Heard learned counsel for the petitioners, learned counsel for the complainant i.e. opposite party no. 2 and learned A.P.P. for the State.

2. Learned counsel for the complainant, at the outset, submits that a compromise has been entered in between the parties and the complainant does not intend to pursue the case any further, as such, if the order taking cognizance stands quashed, the complainant will have no issue.

3. Since the case pertains to matrimonial dispute and cognizance has been taken under Section 498-A of the Indian Penal Code against the petitioners and the learned counsel for

Patna High Court CR. MISC. No.11695 of 2022(6) dt.06-09-2023 2/2 the complainant submits that the compromise has been entered and he does not have any objection, if the order dated 04.10.2021, passed by the learned Judicial Magistrate, 1st Class, Purnea, in Complaint Case No. 19 of 2020, whereby cognizance has been taken under Section 498-A of the Indian Penal Code, is quashed.

4. After hearing learned counsel for the parties, in view of the submissions made by the learned counsel for the complainant, the order dated 04.10.2021, passed by the learned Judicial Magistrate, 1st Class, Purnea, in Complaint Case No. 19 of 2020, whereby cognizance has been taken under Section 498A of the Indian Penal Code, stands quashed.

5. Accordingly, this application is allowed.

(Satyavrat Verma, J) Kundan/- U T