Prema Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51855 of 2021 Arising Out of PS. Case No.-131 Year-2019 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== 1.
PREMA DEVI Wife of Rajendra Prasad Resident of Mohalla- Gandhi Chauk, near Canara Bank, P.S.- Chapra Town, District- Saran at Chapra. 2.
Rajiv Kumar Son of Late Jitendra Kumar Resident of Mohalla- Gandhi Chauk, near Canara Bank, P.S.- Chapra Town, District- Saran at Chapra. 3.
Beauty Kumari Wife of Rajiv Kumar Resident of Mohalla- Gandhi Chauk, near Canara Bank, P.S.- Chapra Town, District- Saran at Chapra. 4.
Vijay Kumar Son of Late Jitendra Kumar Resident of Mohalla- Gandhi Chauk, near Canara Bank, P.S.- Chapra Town, District- Saran at Chapra. 5.
Sucheta Gupta Wife of Vijay Kumar Resident of Mohalla- Gandhi Chauk, near Canara Bank, P.S.- Chapra Town, District- Saran at Chapra. 6.
Piyush Raj Son of Rajendra Kumar Resident of Mohalla- Gandhi Chauk, near Canara Bank, P.S.- Chapra Town, District- Saran at Chapra. 7.
Amit Kumar Son of Pradeep Kumar Resident of Near Nhnk High School, Bandhan Tola, P.S.- Ara, District- Bhojpur.
8.
Priyanka Rati @ Priyanka Wife of Amit Kumar Resident of Near Nhnk High School, Bandhan Tola, P.S.- Ara, District- Bhojpur. 9.
Sanjay Kumar @ Sanjay Prasad Chaudhary Son of Fuleshwar Prasad Chaudhary Resident of Village- Salempur Barh, P.S.- Barh, District- Patna. 10.
Sushma Kumari @ Sushma Devi Wife of Sanjay Kumar Resident of VillageSalempur Barh, P.S.- Barh, District- Patna. ... ... Petitioner/s
Versus
1.
The State of Bihar Bihar 2.
Tanya Kumari Wife of Prince Raj, D/o Rakesh Kumar At Present Residing at Main Road, Raxaul, Gupta Medico, P.S.- Raxaul, District- East Champaran. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Radha Mohan Singh For the Opposite Party/s :
Mr. Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 16-02-2023 Heard the parties.
This application has been filed on behalf of the petitioners for quashing the order taking cognizance dated
Patna High Court CR. MISC. No.51855 of 2021(4) dt.16-02-2023 2/2 09.01.2021 passed by the learned S.D.J.M. Raxaul, at Motihari, East Champaran in Complaint Case No. C-131 of 2019. Learned counsel for the petitioners Shri Subesh Pandey on instruction from Senior Counsel Radha Mohan Singh has appeared in this case and has produced a memorandum of agreement entered between Prince Raj (husband) and Tanya Kumari (wife) as well as the O.P. No. 2.
As per the agreement, both the parties have settled their dispute as the husband has paid Rs. 7,00,000/-(seven lakhs) to the wife and they have decided to terminate all the pending proceedings between the parties including the present complaint.
In these circumstances, this application is allowed. Accordingly, the order taking cognizance dated 09.01.2021 passed by the learned S.D.J.M. Raxaul, at Motihari, East Champaran in Complaint Case No. C-131 of 2019 and entire complaint against all accused persons is hereby quashed. The copy of the agreement is taken on record. (Sandeep Kumar, J) Vikas/Shishir U T