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Patna High CourtCR. MISC./38481/2019allowed

Shahid Perwaz @ Babloo v. The State Of Bihar

2022-11-17Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38481 of 2019 Arising Out of PS. Case No.-39 Year-2017 Thana- RISIYAP District- Aurangabad ====================================================== Shahid Perwaz @ Babloo Son of Md. Jllani Resident of Village-Munsi Tola, P.S.-Sherghati, District-Gaya.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Nusrat Bano W/o Shahid Perwez @ Babloo and D/o Late Salahuddin Presently Residing at Village-Suderganj, P.S.-Risiyap, District-Aurangabad. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashhar Mustafa Mr. Murad Ashraf For the OP No. 2 :

Mr. Ashish Kumar Ranjan For the Opposite Party/s :

Mr.Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL JUDGMENT Date : 17-11-2022 This application has been filed for quashing of the order dated 24.11.2017 passed by learned Additional Chief Judicial Magistrate VII, Aurangabad was pleased to take cognizance under Section 498(A), 34 of the Indian Penal Code in connection with GR No. 1115 of 2017 arising out of Risiyap PS Case No. 39 of 2017.

2. It is submitted on behalf of petitioner that with the intervention of well-wisher, the dispute between the parties has already been resolved and they have filed a compromise petition to this effect. They do not wish to pursue the case any more.

3. The aforesaid submission made on behalf of

Patna High Court CR. MISC. No.38481 of 2019 dt.17-11-2022 2/2 petitioner is not disputed by the Counsel for the Opposite Party No. 2.

4. Considering the trivial nature of dispute and factum of compromise between the parties, continuation of the case would amount to abuse of the process of court.

5. In the aforesaid facts and circumstances, order dated 24.11.2017 and the entire criminal proceeding, are hereby set aside.

6. Accordingly, this quashing petition is allowed. (Prabhat Kumar Singh, J) vinita/- AFR/NAFR NA CAV DATE NA Uploading Date 21.11.2022 Transmission Date 21.11.2022