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Patna High CourtCR. MISC./39879/2014allowed

Anil Kumar Jha And ORS v. State Of Bihar And ANR

2017-11-01Mr. Justice S. Kumar2 pages

Patna High Court Cr.Misc. No.39879 of 2014 dt.01-11-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39879 of 2014 Arising Out of PS.Case No. -125 Year- 2013 Thana -GHANSHYAMPUR District- DARBHANGA ===========================================================

1. Anil Kumar Jha Son of Bahur Jha

2. Lalit Kumar Jha Son of Bahur Jha

3. Bahur Jha Son of Late Kant Lal Jha

4. Roshan Kumar Jha Son of Krishna Dev Jha All resident of village - Ghanshyampur, Police Station - Ghanshyampur, District - Darbhanga .... .... Petitioner/s

Versus

1. The State of Bihar

2. Rina Devi Wife of Shiv Dev Jha Resident of Village - Ghanshyampur, Police Station - Ghanshyampur, District - Darbhanga .... .... Opposite Party/s =========================================================== Appearance :

For the Petitioner/s : Mr. Pankaj Kumar Jha, Advocate For the State : Mr. R.P.S. Singh, (APP) For the Opposite Party No. 2 : Mr. Manish Kumar No. 13, Advocate : Mr. Kanchan Jha, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT Date: 01-11-2017 Heard learned counsel for the petitioners, learned counsel for the State and learned counsel appearing on behalf of opposite party No. 2.

This petition under Section 482 is filed against order dated 27.01.2014 passed by learned Sub-Divisional Judicial Magistrate, Biraul, Darbhanga, arising out of Ghanshyampur P.S. Case No. 125 of 2013 corresponding to G.R. No. 512 of 2013 by which court below had taken cognizance of the offence under Sections 323, 341, 354, 504 read with 34 of I.P.C.

On account of intervention of well wishers and friends of

Patna High Court Cr.Misc. No.39879 of 2014 dt.01-11-2017 both the parties, the matter has been compromised between the parties and they do not want to further proceed in the matter. It has been submitted on behalf of counsels appearing on behalf of both the parties, that good sense has prevailed and good relations have been restored between the parties. The dispute between the parties has been amicably resolved, as such, continuance of present proceeding will amount to wastage of time of Trial Court. Subsequent to taking cognizance of the offence, a joint compromise petition has been filed in the court below which is being admitted by counsel for both the sides.

Considering the facts and circumstances of the present case and in view of the fact that the matter has been compromised between the parties and good relations has been restored, in the interest of justice, order taking cognizance dated 27.01.2014 passed by SubDivisional Judicial Magistrate, Biraul, Darbhanga arising out of P.S. Case No. 125 of 2013 corresponding to G.R. No. 512 of 2013 as well as whole proceeding arising out of said FIR is quashed. (S. Kumar, J) veena/- AFR/NAFR CAV DATE Uploading Date Transmission Date