Munni Devi And ORS. v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.19467 of 2015 Arising out of Complaint Case No.-1783C Year-2013 Thana- NAWADAH COMPLAINT CASE District- Nawada ======================================================
1. Munni Devi
2. Somiya Devi Both D/o Sahdeb Mahto
3. Manoj Kumar S/o Sahdeb Mahto
4. Yasoda Devi W/o Sahdeb Mahto (wrongly stated name in complaint petition as Patani name not known) D/o Sahdeb Mahto (accused No. 2) All Resident of Village Surhi, Police Station Islampur, Post Laranpur, District Nalanda.
... ... Petitioner/s
Versus
1. The State of Bihar.
2. Ranjeet Prasad S/o Sri Lakhan Mahto Resident of Village Hiraman Bigha, Police Station Nardiganj, District Nawada.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anil Kumar Singh, Advocate For the Opposite Party/s :
Mr. P.K. Verma, Sr. Advocate Mr. Devendra Kumar, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL JUDGMENT Date : 20-06-2018 Seeking quashing of cognizance order dated 05.11.2014 passed by Sri Subir Kumar, the Judicial Magistrate, 1st Class, Nawada in Complaint Case No. 1783C of 2013, T.R. No. 3016 of 2014 for offences under Sections 380/34 of the Indian Penal Code, this application has been filed. The matter was referred for mediation by this Court and after mediation, a report has been submitted in Mediation Proceeding No. 02/2018 indicating settlement of the dispute by the parties in the following terms:-
Patna High Court Cr.Misc. No.19467 of 2015 dt.20-06-2018 2/3 "Both the parties came to the amicable settlement on the following terms and condition:-
1. That the petitioner No. 1 namely Munni Devi is the wife of opposite Party-2 namely Ranjeet Prasad who filed earlier complaint case no.
749 (C)/2011 U/S 323, 504,498(A)34 of IPC against her husband which is pending disposal.
2. That thereafter the present complaint case no. 1783/2013 has been filed by O.P.-2 Ranjeet Prasad against the petitioner wife and other.
3. That both the Parties came to the amicable settlement and ready to withdraw their cases.
4. That both the parties will withdraw their case in the court below within a period of two month from today.
5. That now there is not any dispute between the parties.
6. That both the parties will lead their life separately.
7. Both the parties put the signatures at the foot of this petition with their respective counsels as mark of their consent."
Keeping in view the settlement entered into between the parties and the principles of law laid down by the Supreme Court in the case of B.S. Joshi & Ors. Vs. State of Haryana & Anr. 2003(3) Supreme 227 the settlement is accepted, the application is allowed, proceedings in Complaint
Patna High Court Cr.Misc. No.19467 of 2015 dt.20-06-2018 3/3 Case No. 1783C of 2013, Trial No. 3016 of 2014 stands quashed and the dispute between the parties disposed of in terms of the settlement recorded in the mediation proceeding bearing No. 02/2018 on 08.05.2018. The application stands disposed of in terms thereof.
(Rajendra Menon, CJ) P.K.P./- AFR/NAFR N.A.F.R.
CAV DATE N.A.
Uploading Date 26-06-2018 Transmission Date 26-06-2018