Uday Kumar @ Uday Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31632 of 2023 Arising Out of PS. Case No.-54 Year-2014 Thana- PIPRIYA District- Lakhisarai ====================================================== 1.

Uday Kumar @ Uday Yadav S/O Late Rajendra Yadav R/O Pipariya, Diyara, P.S- Pipariya, Distt.- Lakhisarai.

2.

Dhanraj Kumar @ Bhudhan Yadav @ Dhanraj Yadav S/O Uday Yadav R/O Pipariya, Diyara, P.S- Pipariya, Distt.- Lakhisarai. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Bhimal Yadav S/O Tulsi Yadav R/O Pipariya, Diyara, P.S- Pipariya, Distt.- Lakhisarai.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manoj Kumar Pandey, Adv For the Opposite Party/s :

Mr. Chandra Bhushan Prasad, APP Mr.Ashok Kumar Singh, Adv Mr. Manoj Kumar, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 10-11-2023 1.

Heard learned counsel for the petitioners, learned APP along with learned counsel for the OP no. 2. 2.

The learned counsel for the OP no. 2, at the outset, submits that from the side of the petitioners Pipariya PS Case No. 41 of 2014 was instituted against the informant and others, and from the side of the OP No. 2, Pipariya PS Case No. 54/2014 was instituted against the petitioners, in which cognizance was taken by order dated 16-5-2018 by the learned Judicial Magistrate, 1st Class, Lakhisarai for offences under Sections 147,148, 149, 323, 341, 379, 380, 452 and 504 of the

Patna High Court CR. MISC. No.31632 of 2023(4) dt.10-11-2023 2/3 IPC.

3.

The learned counsel for the OP No. 2 submits that he has instructions to make submissions that OP No. 2 does not object the quashing of the order dated 16-5-2018 passed by the learned Judicial Magistrate 1st Class, Lakhisarai in Pipariya PS Case No. 54 of 2014 whereby cognizance of offences under Sections 147, 148, 149, 323, 341, 379, 380, 452 and 504 of the IPC has been taken.

4.

The learned counsel for the petitioners submits that since on intervention of well-wishers, the parties have reached an amicable settlement, as such, even petitioners do not intend to pursue with Pipariya PS Case No. 41 of 2014. It is further submitted that petitioners and the OP no. 2 are relative and they were having land dispute.

5.

The learned counsel for the parties thus jointly submits that both the FIRs, i.e., Pipariya PS Case No. 41 of 2014 and Pipariya PS Case No. 54 of 2014, be quashed. 6.

The learned APP, Mr. Chandra Bhushan Prasad, interjects and submits that the present quashing application has been filed seeking quashing of order dated 16-5-2018 passed in Pipariya PS Case No. 54 of 2014 only and Pipariya PS Case No. 41 of 2014 is not before this court.

Patna High Court CR. MISC. No.31632 of 2023(4) dt.10-11-2023 3/3 7.

The learned counsel for the parties jointly rebuts the submission of the learned APP, Mr. Chandra Bhushan Prasad and submits that since parties have compromised and they dont intend to pursue with the cases they have filed against each other, in that event, the objection raised on behalf of the learned APP may not be taken into consideration.

8.

In view of the submissions made by the learned counsel for the petitioner and the learned counsel for the OP no. 2, the entire proceeding arising out of Pipariya PS Case No. 54 of 2014 and Pipariya PS Case No. 41 of 2014 is hereby quashed. (Satyavrat Verma, J) SUMIT/- U T