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Patna High CourtCR. MISC./4572/2017allowed

Rajnish Gunjan v. State Of Bihar And ANR

2019-05-16Mr. Justice Aditya Kumar Trivedi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4572 of 2017 Arising Out of PS. Case No.-527 Year-2016 Thana- VAISALI COMPLAINT CASE DistrictVaishali ====================================================== Rajnish Gunjan, Son of Raj Kumar Singh, Resident of Mohalla- Sanchipatti, Police Station- Hajipur Town, District- Vaishali. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Nutan Sinha, Wife of Rajnish Gunjan, resident of Mohalla- Sanchipatti, Police Station- Hajipur Town, District- Vaishali, present Address House of Father Daughter of Sri Ravikant Singh, Village- Patilhi, Police StationHajipur Sadar, District- Vaishali. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Satish Narain Singh-Advocate For the Opposite Party/s :

Ms. Prakritita Sharma-Advocate For the State :

Mr. Parmeshwar Mehta-A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 16-05-2019 Heard learned counsel for the petitioner, learned counsel for the O.P. No.2 as well as learned Additional Public Prosecutor.

The present episode depicts the sorrowful event having in the life of spouses and the different Annexures, is a glaring example, how they fought among themselves. The present petition happens to be one of them by way of putting the order dated 01.10.2016 under challenge at the behest of the husband whereby and whereunder, he has been summoned to face trial for an offence punishable under Sections 323, 341, 379 of the I.P.C. relating to Complaint Case No.527 of 2016 by the Judicial

Patna High Court CR. MISC. No.4572 of 2017(2) dt.16-05-2019 2/2 Magistrate, 1st Class, Vaishali at Hajipur. Fortunately as is evident, so prayed under the supplementary affidavit by the spouse conjointly to struck down the order impugned on account of having the matter amicably settled amongst them. Considering the inter se relationship, the prayer so made conjointly, coupled with the fact that offences are compoundable one, the prayer having at their end is found entertainable, whereupon the order dated 01.10.2016 passed in connection with Complaint Case No.527 of 2016 by the Judicial Magistrate, 1st Class, Vaishali at Hajipur is hereby set aside. Consequent thereupon, petition is allowed.

(Aditya Kumar Trivedi, J) vikash/- U T