Ram Ashish Chaubey And ORS. v. The State Of Bihar And ANR.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9914 of 2011 Arising Out of PS.Case No. -0 Year- null Thana -null District- BHABHUA (KAIMUR) ===========================================================

1. Ram Ashish Chaubey son of late Suresh Chaubey

2. Smt. Sharda Devi wife of Ram Ashish Chaubey

3. Sanjay Chaubey son of Ram Ashish Chaubey

4. Smt. Sunaina Devfi wife of Sanjay Chaubey

5. Sonu Chaubey son of Ram Ashish Chaubey, all resident of village Awari, Police Station Mohania, District Kaimur at Bhabua .... .... Petitioner/s

Versus

1. The State of Bihar

2. Mamta Devi daughter of Mani Dubey, wife of Sonu Chaubey, presently residing at village Sapanwatia, Police Station Sonhan, District Kaimur (Bhabua), Bihar .... .... Opposite Party/s =========================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar Garg, Advocate For the Opposite Party/s : Mr. Ashraf Ansari, APP =========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 27-06-2016 The Petitioners seek quashing of the order of cognizance dated 17.6.2009 passed by the S.D.J.M., Bhabua in Complaint case No.1538 of 2008 (Trial No.1210 of 2010).

Learned Counsel for the Petitioners produces the certified copy of a compromise petition in the Court below and the deposition in the Matrimonial Suit that the husband and wife are living separately.

Let be kept on the record.

No one appears on behalf of the Opposite Party No.2 to contest this submission.

Patna High Court Cr.Misc. No.9914 of 2011 dt.27-06-2016 2/2 In the interest of parties, further proceeding including the order of cognizance dated 17.6.2009 passed by the S.D.J.M., Bhabua in Complaint case No.1538 of 2008 (Trial No.1210 of 2010) is hereby set aside.

Application stands allowed.

(Anjana Prakash, J) Narendra/- AFR/NAFR NAFR CAV DATE Uploading Date 05.07.2016 Transmission Date 05.07.2016