Patna High CourtCR. MISC./41147/2011allowed

Uma Kant Thakur And ORS. v. The State Of Bihar And ANR

2015-01-20Mr. Justice Samarendra Pratap Singh1 pages

Patna High Court Cr.Misc. No.41147 of 2011 (5) dt.20-01-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41147 of 2011 ====================================================== Uma Kant Thakur & Ors. ... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prabhat Ranjan Singh For the Opposite Party/s : Mr. Ram Sumiran Rai (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 20-01-2015 The petitioners pray for quashing of order taking cognizance dated 19.3.2010 passed in Complaint Case No.640C/09. Petitioner no.1 happens to be the husband of the complainant. The other petitioners are family members. The matter was referred to Mediation Centre and due to their strenuous efforts, settlement has been arrived at between the parties. The parties are willing to abide by the settlement contained in Settlement Agreement dated 8.1.2015 recorded by the Mediation Centre.

In this view of the matter, the impugned order taking cognizance as well as criminal prosecution arising out of Complaint Case No.640C/09 is quashed. This application is allowed.

However, it is made clear that if petitioner no.1 resiles from the settlement, it would open for the Opposite Party No.2 to approach the Court concerned. The parties would appear before the Court below on 10.2.2015. (Samarendra Pratap Singh, J) KHAN/- U