Patna High CourtCR. MISC./17381/2012allowed

Arun Kumar Mukharjee v. The State Of Bihar And ANR

2015-02-12Justice Smt. Anjana Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 17381 of 2012 Arising out of P.S. Case No. -286C Year- 2010 Thana - Complaint District- NALANDA (BIHARSHARIFF) ======================================================== Arun Kumar Mukharjee S/o Munshi Prasad Sinha Resident of Village and Post Office- Itori, Police Station- Noorsarai, DistrictNalanda. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Kamini Kumari W/o Arun Kumar Mukharjee and D/o Satya Narayan Prasad Resident of Village- Hariompur, Post OfficeGurusaranpur, Police Station- Silao, District- Nalanda. .... .... Opposite Party/s ======================================================== Appearance :

For the Petitioner/s : Mr. Surendra Kumar, Adv.

For the Opposite Party/s : Mr. Subhash Chandra Mishra, APP. ======================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 12-02-2015 It has been submitted on behalf of the parties that now the matter has been compromised and they do not wish to proceed with the present prosecution. Further, they also agree that they would withdraw Complaint Case No. 661(C) of 2003, Restitution Case No. 102 of 2009 and Miscellaneous Case No. 12 of 2009. Hence, the application is allowed and the entire proceeding including the order of cognizance dated 03.06.2011 passed by the Judicial Magistrate, 1st Class, Nalanda at Biharshariff in Complaint Case No. 286C of 2010 is, hereby, set aside.

Also, in the interest of the parties, the further

Patna High Court Cr.Misc. No.17381 of 2012 dt.12-02-2015 proceeding of Complaint Case No. 661(C) of 2003 pending before Smt. Sulekha Jha, Judicial Magistrate, 1st Class, Nalanda at Biharsharif (or its successor), Restitution Case No. 102 of 2009 and Miscellaneous Case No. 12 of 2009 pending before the Principal Judge, Family Court, Nalanda at Biharshariff shall be dropped.

The Application stands allowed with the aforesaid observation.

Let this order be communicated to the respective Courts, Nalanda at Biharshariff.

Vikash/- (Anjana Prakash, J.) U T