Patna High CourtCR. MISC./36863/2014allowed

Hasbool @ Hasbool Khatoon And ORS v. State Of Bihar And ANR

2015-03-12Justice Smt. Anjana Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 36863 of 2014 Arising out of P.S. Case No. -1971 Year- 2012 Thana - BEGUSARAI COMPLAINT CSAE District- BEGUSARAI ========================================================

1. Hasbool @ Hasbool Khatoon Wife of Md. Ahsan

2. Md. Akram @ Md. Akram Ali Son of Late Usman Ali @ Late Md. Usman Miyan

3. Maryam @ Margam Khatoon Wife of Md. Akram @ Md. Akram Ali

4. Md. Jawaed @ Md. Jawed Ali Son of Md. Akram @ Md. Akram Ali

5. Md. Ahsan Son of Late Md. Yusuf

6. Md. Taufik Son of Md. Ahsan

7. Roko Khatoon daughter of Md. Ahsan

8. Golo Khatoon Daughter of Md. Ahsan

9. Md. Rahmat Son of Late Usman Ali All resident of villagePhulwariya-1, Ward No.-02, Tara Adda, Kairbari, P.S.- Phulwariya, Dist.- Begusarai .... .... Petitioner/s

Versus

The State of Bihar & Anr .... .... Opposite Party/s ======================================================== Appearance :

For the Petitioner/s : Mr. Sandip Kumar Gautam, Adv.

For the Opposite Party/s : Mr. Shailendra Kumar Singh, APP. ======================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 12-03-2015 The Petitioners seek quashing of the entire proceeding including the order of cognizance dated 24.05.2013 passed by the Judicial Magistrate, 1st Class, Begusarai in Complaint Case No. 1971(C) of 2012. It has been submitted that one month before the present occurrence the Petitioner No. 1 had instituted Phulwariya P.S. Case No. 88 of 2012 under minor Sections after which the present Complaint has been filed in retaliation.

Patna High Court Cr.Misc. No.36863 of 2014 dt.12-03-2015 Now, the parties are in agreement that they do not want to pursue the prosecution.

In view of such, the entire proceeding as against all the accused persons including the order of cognizance dated 24.05.2013 passed by the Judicial Magistrate, 1st Class, Begusarai in Complaint Case No. 1971(C) of 2012 is, hereby, set aside.

Also, in the interest of the parties, the further proceeding of Phulwariya P.S. Case No. 88 of 2012 pending before the Judicial Magistrate, 1st Class, Begusarai is, hereby, set aside.

The Application stands allowed with the aforesaid observations.

Vikash/- (Anjana Prakash, J.) U T