Ujjawal Pandey @ Ujjawal Kumar Pandey @ Appu Pandey v. The State Of Bihar Through The Secretary Cum Commissioner, Home Police Department, Government Of

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1389 of 2018 Arising Out of PS. Case No.-64 Year-2018 Thana- RAGHUNATHPUR District- Siwan ====================================================== Ujjawal Pandey @ Ujjawal Kumar Pandey @ Appu Pandey S/o Bbrij Kishore Pandey @ Braj Kishore Pandey , R/o Vill.- Bhnti, P.S.- Raghunathpur, District- Siwan.

... ... Petitioner/s

Versus

1.

The State Of Bihar Through The Secretary Cum Commissioner, Home Police Department, Government Of Bihar, Patna 2.

The Director General of Police, Bihar, Patna. 3.

The Superintendent of Police, District- Siwan. 4.

The Station Head Officer, P.S.- Raghunathpur, District- Siwan. 5.

Archana Kumari @ Archana Pandey, W/o Ujjawal Kumar Pandey @ Ujjawall Pandey @ Appu Pandey, D/o Keshva Prasad Mishra, Resident of Village-Indra Nagar, (Shiva Nagari), P.S.-Chapra (Muffasil), District-Saran at Chapra.

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

For the Petitioner/s :

Mr.Md. Imtiyaz Hussain, Advocate For the State :

Mr.Iqbal Asif Niyazi, AC to GP-5 For the Respondent No.5: Mr. Sanjay Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 21-12-2022 Heard learned counsel for the petitioner and learned counsel for the respondent no.5 as also the State. Petitioner in the present case is seeking the following reliefs:- "1. That, instant application is being filed for quashing and setting-a-side the F.I.R. being Raghunathpur P.S. Case No.64/2018 dated 25.04.2018 under section 498(A)/323/494/34 I.P.C. as well as under sections 3⁄4 Dowry Prohibition Act for the offences as alleged in the by the prosecution pending in the court of S.D.J.M., Siwan."

Patna High Court CR. WJC No.1389 of 2018(4) dt.21-12-2022 2/2 Learned counsel for the petitioner as well as learned counsel for the respondent no.5 jointly submit that this case arises out of a matrimonial dispute. Now, the parties have settled their dispute amicably and in terms of settlement the complaint case earlier filed by the wife has already been disposed of. A joint prayer has been made to quash the First Information Report which is subject matter of this writ application. Considering the nature of the case and the reliefs prayed in the writ application as also the joint agreement between the parties, this Court is of the considered opinion that further continuation of this case would only be an abuse of the process of the Court. The First Information Report is, therefore, quashed.

This application is allowed.

(Rajeev Ranjan Prasad, J) arvind/- U T