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Patna High CourtCR. MISC./55746/2015allowed

Shashank Shekhar Bhardwaj @ Bablu And ANR v. State Of Bihar And ANR

2023-08-02Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55746 of 2015 Arising Out of PS. Case No.-412 Year-2014 Thana- AURANGABAD COMPLAINT CASE District- Aurangabad ====================================================== 1.

Shashank Shekhar Bhardwaj @ Bablu and Anr 2.

Shashi Shekhar Bharduwaj Both sons of Jitendra Nath Dwivedi resident of village - Post office and Police Station Goh, District - Aurangabad ... ... Petitioner/s

Versus

1.

State Of Bihar and Anr 2.

Kanhaiya Sharma Son of Late Ram Sanehi Sharma resident of village - Adari, Police Station Upahara, District - Aurangabad ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ambuj Nayan Chaubey For the Opposite Party/s :

Mr. Jharkhandi Upadhyay ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 02-08-2023 Heard Learned Senior counsel for the petitioner as well as Shri Purshottam Sharma for the opposite party no. 2. Learned senior counsel for the petitioner as well has Shri Purshottam Sharma has submitted that the present case has been filed by the opposite party no. 2 and the counter case i.e. Goh P.S. Case No. 28 of 2015 has been filed by the mother of the petitioners under section 145, 148, 149, 448, 461, 379, 506 of the Indian Penal Code has been filed by the mother of the petitioner.

2. Mr. Sharma also submits that cognizance of offence in Goh P.S. Case No. 28 of 2015 has been taken against the

Patna High Court CR. MISC. No.55746 of 2015(5) dt.02-08-2023 2/2 accused person of the case on 28.06.2016.

3. The parties do not want to prosecute criminal case against each other.

4. In view of the above, this application is allowed.

5. Accordingly, the order dated 22.01.2015 in complaint case no. 412/2014 (Tr. No. 3236 of 2015) is hereby quashed against all the accused persons.

6. Similarly, the order dated 08.06.2016 passed in Goh P.S. Case No. 28 of 2015 and the F.I.R. registered against all the accused is also hereby quashed.

7. The certified copy of the order sheet of Goh P.S. Case No. 28 of 2015 and certified copy of the F.I.R. is taken on record which has been produced by Mr. Sharma. (Sandeep Kumar, J) Sunnykr/- U T