Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40319 of 2022 Arising Out of PS. Case No.-38 Year-2019 Thana- MAHILA P.S. District- Sheikhpura ====================================================== 1.

DEEPAK KUMAR Son of Awadhesh Singh R/o Village- Pain, P.O. and P.S.- Sheikhpura, District - Sheikhpura.

2.

Diwakar Kumar Son of Awadhesh Singh R/o Village- Pain, P.O. and P.S.- Sheikhpura, District - Sheikhpura.

3.

Awadhesh Singh son of Late Jamuna Singh R/o Village- Pain, P.O. and P.S.- Sheikhpura, District - Sheikhpura.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Puja Kumari W/o Prashant Kumar R/o Village-Pain, PO-PS-DistrictSheikhpura ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Madan Kumar, Advocate For the State :

Mr. Uday Pratap Singh, A.P.P.

For the O.P. No. 2 :

Mr. Purushotam Sharma, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL JUDGMENT Date : 01-11-2023 Heard learned counsel for the petitioners, learned A.P.P. for the State and learned counsel for the opposite party no. 2.

2. Learned counsel for the petitioners submits that the present quashing application has been filed seeking quashing of the order dated 21.03.2022 passed by the learned Sub-Divisional Judicial Magistrate, Sheikhpura in connection with Sheikhpura Mahila P.S. Case No. 38 of 2019, G.R. No. 674 of 2019 whereby charges have been framed against the petitioners under Sections 341, 323, 354(B), 504, 452 and 506/34 of the Indian Penal Code.

Patna High Court CR. MISC. No.40319 of 2022 dt.01-11-2023 2/3

3. Learned counsel for the petitioners submits that petitioners have been falsely implicated in the present case. It is further submitted that after the police submitted charge-sheet, cognizance was taken and after framing of the charges, on intervention of the well wishers, the parties have compromised the case. It is next submitted that the opposite party no. 2 herein does not intend to pursue with the case or the trial.

4. Mr. Purushotam Sharma, learned counsel appearing on behalf of the opposite party no. 2 concurs with the submission of the learned counsel for the petitioners and submits that he has instruction to make submissions on behalf of the opposite party no. 2 that the opposite party no. 2 does not have any objection in the event if the order dated 21.03.2022 passed by the learned SubDivisional Judicial Magistrate, Sheikhpura framing charges against the petitioners is quashed.

5. Considering the submissions made by the learned counsel for the opposite party no. 2, the order dated 21.03.2022 passed by the learned Sub-Divisional Judicial Magistrate, Sheikhpura in connection with Sheikhpura Mahila P.S. Case No. 38 of 2019, G.R. No. 674 of 2019 whereby charges have been framed against the petitioners under Sections 341, 323, 354(B), 504, 452 and 506/34 of the Indian Penal Code, is hereby quashed.

Patna High Court CR. MISC. No.40319 of 2022 dt.01-11-2023 3/3

6. Accordingly, this application stands allowed. (Satyavrat Verma, J) Kundan/- AFR/NAFR N.A.

CAV DATE N.A.

Uploading Date 01.11.2023 Transmission Date 01.11.2023