Rajeev Kumar And ORS v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.46336 of 2014 Arising Out of PS.Case No. -789 Year- 2012 Thana -PATNA COMPLAINT CASE DistrictPATNA ==========================================================
1. Rajeev Kumar Son of Amarnath Jha
2. Amarnath Jha S/o Vishwanath Jha
3. Neelu Devi Wife of Amarnath Jha All resident of village - Bhoorlakh,P.S. - Samastipur, District- Samastipur. .... .... Petitioners
Versus
1. The State of Bihar.
2. Priya Kumari D/o Awadhesh Prasad, Resident of Saketpuri, NEar Bazar Samitee, P.S. Bahadurpur, District - Patna. .... .... Opposite Party ========================================================== Appearance :
For the Petitioner/s : Mr. Prabhat Kumar Singh, Advocate For the Complainant : Mr. Awadhesh Kumar Singh, Advocate For the Opposite Party/s : Mr. Jharkhandi Upadhayay, APP ========================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL JUDGMENT Date: 13-10-2017 Heard learned counsel for the petitioners, learned counsel for the complainant-Opposite Party No. 2 and learned APP for the State.
Learned counsel for the parties are unanimous in their submission that the reason for filing of the present case was non-refund of the money which was paid by the father of the complainant towards helping the accused no. 1 in his study under a bona fide belief that accused no. 1 would marry with the complainant. At this stage, the parties have already settled their dispute. A counter affidavit has been filed on
Patna High Court Cr.Misc. No.46336 of 2014 dt.13-10-2017 behalf of the complainant-Opposite Party No. 2 categorically stating therein that her father has already received the entire amount of Rs. 16,25,753/- (Sixteen Lacs Twenty Five Thousand Seven Hundred Fifty Three only) by an account payee cheque no. 855014 and 855015. The payment has been acknowledged and amicable resolution of dispute has been affirmed in the affidavit.
The grievance of the complainant-Opposite Party No. 2 is in the nature of a personal grievance for which the present case was lodged in which by the impugned order dated 28.02.2013, learned Sub-Divisional Judicial Magistrate, Patna City took cognizance under Section 420 & 406 of the Indian Penal Code.
In view of the submissions made at the bar, this Court finds it a fit case to set aside the impugned order taking cognizance and issuance of summon.
The impugned order is, accordingly, set aside and this application is allowed.
(Rajeev Ranjan Prasad, J.) Rajeev/- AFR/NAFR NAFR CAV DATE NA Uploading Date 13.10.2017 Transmission Date 13.10.2017