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Patna High CourtCR. MISC./24256/2023allowed

Rajendra Sah @ Rajendra Sah Keshari v. The State Of Bihar

2023-05-11Mr. Justice Sandeep Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24256 of 2023 Arising Out of PS. Case No.-124 Year-2018 Thana- MAHILA P.S. District- Bhojpur ====================================================== 1.

RAJENDRA SAH @ RAJENDRA SAH KESHARI son of Late Shiv Pujan Keshari Village- Dadar Ps- Mohania Dist- Kaimur at Bhabua 2.

Munni Devi wife of Rajendra Sah @ Rajendra Sah Keshari Village- Dadar Ps- Mohania Dist- Kaimur at Bhabua 3.

Golu Kumar @ Gulu KUmar Keshari son of Rajendra Sah @ Rajendra Sah Keshari Village- Dadar Ps- Mohania Dist- Kaimur at Bhabua 4.

Pooja Kumari D/o- Rajendra Sah @ Rajendra Keshari Village- Dadar PsMohania Dist- Kaimur at Bhabua 5.

Supriya Kumari D/o- Rajendra Sah @ Rajendra Keshari Village- Dadar PsMohania Dist- Kaimur at Bhabua 6.

Deepak Kumar Keshari son of Rajendra Sah Keshari Village- Dadar PsMohania Dist- Kaimur at Bhabua 7.

Pinki Devi wife of Jitendra Prasad Keshari Village- Babhani Ps- Pahadi Dist- Rohtas at Sasaram ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Gopal Sah son of Nageshwar Sah Village- Charpokhari Ps- Charpokhari Dist- Bhojpur at Ara ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Tribhuwan Narayan For the Opposite Party/s :

Mr.Madhura Nand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 11-05-2023 Heard the learned counsel for the petitioners, learned counsel for the State and learned counsel appearing on behalf of the opposite party No. 2.

That the present quashing application is being filed to quash the order dated 23.12.2022 passed by the S.D.J.M. Bhojpur, Ara in G.R. No. 4053 of 2018 arising out of Mahila

Patna High Court CR. MISC. No.24256 of 2023(4) dt.11-05-2023 2/3 P.S. Case No 124/2018, lodged u/s 420,406, 506/34 of the I.P.C. & 3⁄4 of the Dowry Prohibition Act.

The prosecution Case in brief is that on 6.9.2018 the Mahila P.S. Case No. 124 of 2018 was lodged by one Gopal Sah, alleged therein that he has settled marriage of his daughter namely Soni Kumar with Deepak Kr. Keshari son of Rajendra Sah Keshari and on 11.7.2017. Sagai has been performed in the Mohania Hotel in which he has gifted them Rupees One Lakh in cash and articles of total three lakhs fifty thousand. It is further alleged that later on he has transferred Rupees Five lakhs in the bank account of Deepak Kumar Kesahri. It is alleged that later on all accused persons and other family members started demanding Bolero Jeep and they were saying that his son is a government employee and there are many better offers available for his marriage and refused to solemnize marriage.

Learned counsel for the petitioners has handed over a demand draft of Rs. 1.5 Lakh to the opposite party No. 2 for full and final settlement of the dispute between them. Learned counsel for the opposite party No. 2 has instructions form his clients that he can settle the dispute with the petitioners after accepting Rs. 1.5 lakhs. Considering the aforesaid, this application is allowed.

Patna High Court CR. MISC. No.24256 of 2023(4) dt.11-05-2023 3/3 In view of the above, the order dated 23.12.2022 passed by S.D.J.M., Bhojpur, Ara in G.R. No. 4053 of 2018 arising out of Mahila P.S. Case No. 124/2018 registered under Sections 420/406/506/34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act are hereby quashed.

(Sandeep Kumar, J) Saif/- U T