Abu Baker @ Md. Abubakar v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7828 of 2015 Arising Out of PS. Case No.-55 Year-2012 Thana- MAHILA P.S. District- Saharsa ====================================================== Abu Baker @ Md. Abubakar son of Md. Jalil, Resident of Village- Patarghat, P.S.- Saur Bazar, District- Saharsa ... ... Petitioner/s
Versus
1.
The State Of Bihar 2.
Kamarjahan D/o Late Abul Kalam, wife of Md. Abbu Bakar, Resident of village- Pataghat Kothi, P.S.- Sour Bazar, District- Saharsa, at present resident of ward No. 22, Nagar Parishad, Saharsa, P.S. District- Saharsa ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Amrit Abhijat, Advocate For the State :
Mr. Md. Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 22-04-2019 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has moved the Court under Section 482 of the Code of Criminal Procedure, 1973 for the following relief: " That this is an application for quashing and setting aside order dated 1.7.2013 passed by learned Chief Judicial Magistrate, Saharsa taking cognizance of offence under Section 498A/323/506 of the Indian Penal Code and Section 3/4 of Dowry Prohibition Act, 1987 in Saharsa Mahila P.S. Case No. 55 of 2012, pending in the Court of learned S.D.J.M., Saharsa."
3. The allegation against the petitioner, who is the husband of the opposite party no. 2, is of demand of dowry, assault, torture and also of threatening.
Patna High Court CR. MISC. No.7828 of 2015 dt.22-04-2019 2/3
4. Learned counsel for the petitioner submitted that without going into the merits, while seeking bail in the case, this Court by order dated 05.09.2014 in Cr. Misc. No. 26451 of 2014 had recorded that the opposite party no. 2 was agreeable to payment of Rs. 1,50,000/- as a one-time-settlement and upon the same being paid, the petitioner was directed to be released. Learned counsel drew the attention of the Court to order dated 15.09.2014 passed by the Court below, copy of which has been brought on record, which indicates that the petitioner was released after paying through Demand Draft Rs. 1,50,000/- to the opposite party no. 2. Learned counsel submitted that as offence under Section 498A of the Indian Penal Code is non-compoundable, this Court is required to interfere in the same, as has been held by the Hon'ble Supreme court in Gian Singh v. State of Punjab reported as (2012) 10 SCC 303, the relevant being at paragraphs no. 58 and
61. It was submitted that the same has also been followed by the Hon'ble Supreme Court in its judgment in State of Maharashtra Thr. CBI vs Vikram Anantrai Doshi reported as 2014(10) Scale 690, the relevant being at paragraph no. 17.
5. Learned APP submitted that in view of the earlier order of the Court and the petitioner paying Rs. 1,50,000/- to the opposite party no. 2, which is recorded in the order of the Court
Patna High Court CR. MISC. No.7828 of 2015 dt.22-04-2019 3/3 below dated 15.09.2014, the Court may put an end to the criminal prosecution.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties and taking into consideration that as was accepted by the opposite party no. 2 for one-time-settlement payment of Rs. 1,50,000/- which has been given to her, for securing the ends of justice, the criminal prosecution has to come to an end.
7. Accordingly, the application is allowed. The entire criminal prosecution arising out of Saharsa Mahila P.S. Case No. 55 of 2012, pending before the Court below at Saharsa, including the order taking cognizance dated 01.07.2013, as far as it relates to the petitioner, stands quashed.
(Ahsanuddin Amanullah, J) Anjani/- AFR/NAFR U T