Binda Rai And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13152 of 2015 Arising Out of PS. Case No.-2841 Year-2013 Thana- VAISALI COMPLAINT CASE District- Vaishali ====================================================== 1.

Binda Rai Son of Late Nashibi Rai 2.

Indrajeet Rai Son of Binda Rai 3.

Rinku Devi Wife of Indrajeet Rai 4.

Indrasan Devi Wife of Binda Rai All resident of village- Mahmadpur Pohiyari, P.S.- Desari, District- Vaishali.

... ... Petitioner/s

Versus

1.

State Of Bihar 2.

Pramila Devi Wife of Sanjeet Kumar Resident of Village- Mahmadpur Pohiyari, P.S.- Desari, District- Vaishali.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ganesh Prasad Singh For the Opposite Party/s :

Mr.P.K. Chourasiya APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 09-05-2019 Supplementary affidavit is filed on behalf of the petitioners. Let it be kept on record.

Heard counsel for the petitioners and counsel for the State.

It is submitted by the petitioners' counsel that for demarcation of the property between the complainant and accused persons, proceeding arose. Matters are based on family dispute. Complaint is daughter-in-law of brother of petitioner no.1. Dispute regarding demolition of wall and demarcation of the property between family members gave rise to various criminal proceedings which have been closed on the basis of compromise between the parties.

Patna High Court CR. MISC. No.13152 of 2015(2) dt.09-05-2019 2/2 In this case also, supplementary affidavit has been filed wherein compromise petition which has been filed in the court below has been annexed as annexure 7.

Counsel for opposite party no.2 is also present in court and supports the contention of petitioners' counsel. In view of said compromise and in view of background in which criminal proceeding arose, this court would consider it in the interest of justice to allow the parties to live in peace and that compromise which has been annexed to the supplementary affidavit should result in end of criminal proceeding arising out of Complaint Case no. CI-2841/2013 in which cognizance has been taken under sections 323, 379 and 354 of the IPC.

In view of said facts and circumstances and having regard to the compromise between the parties, entire criminal proceeding arising out of Complaint Case no. CI-2841/2013 is hereby quashed. The application is allowed.

(Madhuresh Prasad, J) s.hassan/- U