Sajid And ORS. v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 53999 of 2015 Arising Out of PS. Case No.-2669 Year-2010 Thana- COMPLAINT CASE District- Araria ====================================================== 1.

Sajid and Ors. S/o Mohid 2.

Mohid S/o Late Sajbul 3.

Bibi Sambula W/o Mohid All residents of Village - Baghdara P.S. - Jokihat, District - Araria.

... ... Petitioner/s

Versus

1.

State Of Bihar 2.

Lado @ Ladali W/o Sajid, D/o Manjoor Resident of Village - Mainpura P.S. Araria, District - Araria.

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

For the Petitioner/s :

Mr. Anil Prasad Singh, Advocate For the Opposite Party/s :

Mr. Anant Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 30-08-2023

1. Heard learned counsel for the petitioners, learned counsel for the informant and learned A.P.P. for the State.

2. The learned counsel for the petitioners submits that the present quashing application has been filed seeking quashing of the order dated 15.1.2011, passed by the learned Court of Shri Manoj Kumar, learned Judicial Magistrate, 1st Class, Araria in Complaint Case No. 2669C of 2010 whereby cognizance of offence under Section 498A of the Indian Penal Code was taken against the petitioners.

3. The learned counsel next submits that during pendency of the quashing application a compromise on

Patna High Court CR. MISC. No. 53999 of 2015(2) dt.30-08-2023 2/2 intervention of well wishers was entered in between the petitioners and the O.P. No. 2, it is further submitted that even the Hon'ble Supreme Court in the case of B.S. Joshi & Ors. vs. State of Harayana & Anr. Reported in (2003) 4 SCC 675 has also observed that it becomes duty of the Court to encourage genuine settlement of matrimonial dispute.

4. The learned counsel for the informant also concurs with the submission made by the learned counsel for the petitioners and submits that informant does not intend to pursue with the case any further as compromise has been entered in between the parties.

5. Considering the submissions, the order dated 15.01.2011, passed by Shri Manoj Kumar, learned Judicial Magistrate, 1st Class, Araria in Complaint Case No. 2669C of 2010 whereby cognizance has been taken under Section 498A of the Indian Penal Code against the petitioners stands quashed. (Satyavrat Verma, J) GauravSinha/- U T