Chanda Ramni And ORS. v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30734 of 2015 Arising Out of PS. Case No.-1030 Year-2015 Thana- PATNA COMPLAINT CASE DistrictPatna ======================================================
1. Chanda Ramni, w/o Abhisek Sinha, D/o Umesh Chandra Rai.
2. Umesh Chandra Roy, Son of Late Ramprakash Rai.
3. Leela Devi, W/o Umesh Chandra.
All are resident of mohalla-Shivpuri, P.S.-Shastri Nagar, District-Patna. ... ... Petitioner/s
Versus
1. The State Of Bihar.
2. Sushma Sinha, W/o Ajay Kumar, resident of mohalla-Shivpuri near Mamta Apartment, P.S.-Shastri Nagar, District-Patna. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
None For the Opposite Party/s :
Mr. A.Haque Sahara, APP For the informant :
Mr. Chandra Shekhar Verma, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 29-03-2023 On call, no one appears for the petitioners although Mr. Chandra Shekhar Verma representing the complainant as also learned counsel for the State is present. The petition is directed for quashing of the order dated 25.05.2015 passed in Complaint Case No. 1030 (C ) of 2015 by learned Judicial Magistrate 1st Class, Patna whereby and whereunder cognizance has been taken for the offences punishable under Sections 323, 324, 342, 380, 427, 448, 452, 504, 506 and 34 of the Indian Penal Code.
As per the prosecution story, one Sushma Sinha had alleged that her son Dr. Abhishek was married to the petitioner
Patna High Court CR. MISC. No.30734 of 2015(5) dt.29-03-2023 2/3 no.1, Chanda Ramni, but soon after the honeymoon, she left for her parent's home and thereafter allegation is that her family members stormed the house of her in-laws, which led to the present Complaint Case No. 1030 (C) of 2015. In the said complaint the cognizance was taken by the learned Judicial Magistrate, Ist Class, Patna on 25.05.2015 under Sections 323, 324, 342, 380, 427, 448, 452, 504, 506 and 34 of the Indian Penal Code.
Aggrieved the present petition.
Although no one has appeared for the petitioners, the informant has come to the aid of the petitioners by bringing on record an order of the Patna High Court dated 06.09.2018 in which taking into account the report of the Patna High Court Mediation Center dated 05.09.2018 signed by all the parties including the petitioner no.1 herein as also her husband, so far as the Criminal Revision No.65 of 2016 preferred by the husband Abhishek Sinha (against cancellation of his anticipatory bail) was allowed.
It has further been submitted by learned counsel for the complainant, Sushma Sinha that the report of the Mediation Center is elaborate and subsequent to the said report and the order, they have already parted ways and the lady Chanda
Patna High Court CR. MISC. No.30734 of 2015(5) dt.29-03-2023 3/3 Ramni subsequently married.
Taking into account the mediation report dated 05.09.2018 as also the order dated 06.09.2018 in Criminal Revision No.65 of 2016, copies of which have been provided to this Court and are kept on record, this Court is inclined to allow the present petition and the learned counsel for the complainant has no objection to it.
The petition under Section 482 of Cr.P.C. stands allowed and further proceeding in Complaint Case No. 1030 (C) of 2015 passed by learned Judicial Magistrate 1st Class, Patna under Sections 323, 324, 342, 380, 427, 448, 452, 504, 506 and 34 of the Indian Penal Code is accordingly quashed. (Rajiv Roy, J) Prakash Narayan /- U T