Patna High CourtCR. MISC./37578/2011allowed

Rajesh Prasad And ORS. v. The State Of Bihar And ANR

2017-09-07Mr. Justice Jitendra Mohan Sharma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37578 of 2011 ====================================================== RAJESH PRASAD S/O SHRI RAM CHANDRA PRASAD RESIDENT OF MOHALLA- GURUDWARA ROAD (TOWARDS THE RIVER), P.S.- JAGANNAATHPUR, DISTRICT- RANCHI, STATE - JHARKHAND RAM CHANDRA PRASAD S/O LATE PRASADI SHARMA RESIDENT OF MOHALLA- GURUDWARA ROAD (TOWARDS THE RIVER), P.S.- JAGANNAATHPUR, DISTRICT- RANCHI, STATE - JHARKHAND GIRIJA DEVI W/O RAM CHANDRA PRASAD RESIDENT OF MOHALLA- GURUDWARA ROAD (TOWARDS THE RIVER), P.S.- JAGANNAATHPUR, DISTRICT- RANCHI, STATE - JHARKHAND MADHUBALA DEVI D/O RAM CHANDRA PRASAD RESIDENT OF MOHALLA- GURUDWARA ROAD (TOWARDS THE RIVER), P.S.- JAGANNAATHPUR, DISTRICT- RANCHI, STATE - JHARKHAND ... ... Petitioners

Versus

THE STATE OF BIHAR REKHA DEVI W/O RAJESH PRASAD AND D/O SHRI ASHOK KUMAR AT PRESENT MOHALLA- QUARTER NO.552/B LOCO COLONY, P.O.- GAYA, DISTRICT- GAYA-823002 ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr. Birendra Narayan Sharma For the Opposite Party/s :

Mr. SHYAM BIHARI SINGH (APP) For the O.P. No. 2: Mr. Amarendra Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL JUDGMENT Date : 07-09-2017 The instant criminal miscellaneous application has been filed for quashing the order dated 20.10.2011 passed by learned Judicial Magistrate Ist Class, Gaya in Complaint Case No. 1560 of 2008, Trial No. 2255 of 2011 whereby and whereunder the petition filed by the petitioner under Section 245 Cr.P.C. for discharging the

Patna High Court Cr.Misc. No.37578 of 2011 dt.07-09-2017 petitioners from the accusation of this case has been rejected.

The petitioner no. 1 is the husband of O. P. No. 2, he was sued along with others in the aforesaid complaint case for the offence under Sections 498A, 406 of the Indian Penal Code and Section 4 of the Dowry Prohibition Act. During the pendency of this criminal miscellaneous both the parties have compromised the case and the marriage solemnized between the parties has been dissolved on payment of Rs. 4,35,000/- as permanent alimony.

O.P. No. 2 has filed counter affidavit on 17.02.2017 accepting the compromise arrived at between the parties. In view of the compromise arrived at between the parties, both the parties do not want to proceed further in the case.

In view of the compromise arrived at between the parties, there is no need to continue the proceeding of Complaint Case No. 1560 of 2008 Trial no. 2255 of 2011.

Patna High Court Cr.Misc. No.37578 of 2011 dt.07-09-2017 In the result, this criminal miscellaneous application is hereby allowed in view of the compromise and the impugned order dated 20.10.2011 passed by learned Judicial Magistrate Ist Class, Gaya is hereby quashed and further the entire proceeding of Complaint Case No. 1560 of 2008 Trial no. 2255 of 2011 also stands quashed.

(Jitendra Mohan Sharma, J) avin/- AFR/NAFR NAFR CAV DATE Uploading Date 11.09.2017 Transmission Date 11.09.2017