Ishrat Parween And ANR. v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20876 of 2015 Arising Out of PS.Case No. -72 Year- 2014 Thana -KHIJARSARAI District- GAYA ======================================================

1. Ishrat Parween. Wife of Yunus Ansari.

2. Yunus Ansari @ Md. Yunus Son of Nabi Miyan. Both Resident of Mohalla - Shivaji Road, Gareria Khan, Police Station - Jehanabad, District - Jehanabad.

.... .... Petitioners

Versus

1. The State of Bihar.

2. Arzu Parween, Wife of Mohammad Arshad Ansari. Resident of Village - Shivaji Road, Laheria Khan, Police Station - Jehanabad, District - Jehanabad.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioners : Mr. Syed Asgher Najmi, Advocate For the Opposite Parties : Mr. Madhuranand Jha (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 05-12-2017 Heard the learned counsel for the petitioners, the learned A.P.P. for the State and the learned counsel for the opposite party no.2.

The petitioners have filed this Criminal Miscellaneous for quashing the First Information Report bearing Khizarsarai P.S. Case No. 72 of 2014 dated 29.05.2014 for the offences alleged to have been committed under sections 341, 323, 498 (A) and 504/34 of the I.P.C. and section 3⁄4 of the Dowry Prohibition Act.

During pendency of this Criminal Miscellaneous the parties have compromised the case and a joint petition of

Patna High Court Cr.Misc. No.20876 of 2015 (3) dt.05-12-2017 2/2 compromise has been filed in the court below on 13.04.2014. Here counter affidavit has been filed on behalf of the opposite party no.2 on 26.06.2015, stating therein, that in view of compromise the opposite party no.2 does not want to pursue the case as the matter has been fully settled between the parties and as such considering the compromise quashing application may be allowed. In the counter affidavit copy of the compromise petition has been annexed as Annexure-A.

In view of counter affidavit filed by the opposite party no.2, the compromise between the parties is hereby allowed in view of judgment of the Apex Court reported in (2012) 10 SCC 302 Gian Singh Vs. State of Punjab & Another and (2013) 4 SCC 58 Jitendra Raghuvanshi & Ors. Vs. Babita Raghuvanshi & Anr.

In view of compromise between the parties F.I.R. of Khizarsarai P.S. Case No. 72 of 2014 stands quashed. This Criminal Miscellaneous is allowed in view of compromise between the parties.

(Jitendra Mohan Sharma, J) Abhay/- U T