Pratik Kumar And ORS v. The State Of Bihar Through Director General Of Police, Government Of Bihar, Patna And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1999 of 2017 Arising Out of PS. Case No.-347 Year-2017 Thana- FATUA District- Patna ======================================================

1. Pratik Kumar

2. Vikas Kumar

3. Santosh Kumar, all sons of - Rajkumar Gupta, resident of MohallaMirchiya Tola, Tulsi mandi, P.O+P.S. Aalamganj, District- Patna\

4. Rajkumar, son of Late Ganga Sah, R/O- Mohalla- Mirchiya Tola, Tulsi Mandi, P.O.+ P.S. Aalamganj, District- Patna ... ... Petitioner/s

Versus

1. The State Of Bihar Through Director General Of Police, Government Of Bihar, Patna

2. The Director General of Police, Government of Bihar, Patna.

3. The Senior Superintendent of Police, Patna

4. The Sub- Divisional Officer, Fatuah.

5. The Officer-In-Charge, Fatuah Police Station.

6. The Investigating Officer, Fatuah Police Station.

7. Khusi Raj, W/o Pratik kumar, D/o Doman Prasad Gupta, Resident of Samaspur, P.S. Fatuah, District- Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Alok Ranjan, Advocate For the Respondent/s :

Mr.Manish Kumar GP4 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 04-04-2023 Heard learned counsel for the petitioners and learned APP for the State.

This application has been filed for quashing of F.I.R vide Fatuah P.S. Case No. 347 of 2017 registered for the offences under sections 498A, 341, 323, 504, 307, 34 of the Indian Penal Code.

The respondent no. 7 (Khusi Raj) is the ex-wife of petitioner no.1 (Pratik Kumar).

Learned counsel for the petitioners has produced a photocopy of the judgment of learned Principle Judge, Family Court, Patna in Matrimonial Case No. 350 of 2018, by which the parties have dissolved their marriage.

He has also produced a copy of the compromise

Patna High Court CR. WJC No.1999 of 2017(5) dt.04-04-2023 2/2 petition filed by the parties in the Court of learned A.C.J.M-Vth, Patna City in connection with Fatuah P.S. Case No. 347 of 2017 praying for withdrawal of criminal case.

Learned counsel for the respondent no. 7 has shown ignorance about further developments of the case and prays for adjournment of the case.

This case is pending in Court since 2017. When the matter is settled between the parties, no useful purpose will be served by keeping the matter pending for the satisfaction of the learned counsel for the respondent no. 7 who has not got any instruction from his client.

In view of the above, the F.I.R. vide Fatuah P.S. Case No. 347 of 2017 and all consequential proceeding arising out of the aforesaid F.I.R are hereby quashed.

The photocopy of the Judgment passed by learned Principal Judge, Family Court, Patna and a compromise petition filed by the parties in the court below in connection with Fatuah P.S. Case No. 347 of 2017 have been produced by learned counsel for the petitioners which are taken on record. (Sandeep Kumar, J) Harsh/ U