Mahabir Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41301 of 2019 Arising Out of PS. Case No.-719 Year-2018 Thana- ARA NAWADA District- Bhojpur ====================================================== 1.

MAHABIR SINGH Son of Late Ramayan Singh Resident of Village - Vashishth Nagar, P.S.- Ara Nawada, Dist.- Bhojpur. 2.

Kiran Devi Wife of Mahabir Singh Resident of Village - Vashishth Nagar, P.S.- Ara Nawada, Dist.- Bhojpur.

3.

Aman Kumar Son of Mahabir Singh Resident of Village - Vashishth Nagar, P.S.- Ara Nawada, Dist.- Bhojpur.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Umesh Kumar Singh Son of Late Ramayan Singh Resident of Village - Vashishth Nagar, P.S.- Ara Nawada, Dist.- Bhojpur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anil Kumar Singh, Advocate For the State :

Mr. Arun Kumar Pandey, A.P.P.

For the O.P. No. 2 :

Mr. Arun Kumar Singh, Advocate Mr. Ajay Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL JUDGMENT Date : 19-10-2023 Heard learned counsel for the petitioners, learned A.P.P. for the State and learned counsel for the opposite party no. 2.

2. The present application has been filed seeking quashing of the order dated 25.04.2019 passed by the learned Chief Judicial Magistrate, Bhojpur at Ara in Ara Nawada P.S. Case No. 719 of 2018 whereby cognizance of the offences under Sections 341, 323, 379 and 506/34 of the Indian Penal Code has been taken against the petitioners.

3. Learned counsel for the petitioners submits that petitioner no. 1 and opposite party no. 2 are own brothers and

Patna High Court CR. MISC. No.41301 of 2019 dt.19-10-2023 2/2 petitioner no. 2 is wife of petitioner no. 1 and petitioner no. 3 is son of petitioner no. 1. It is further submitted that on intervention of the well wishers the brothers have compromised the case.

4. Learned counsel appearing for the opposite party no. 2 does not dispute the said submissions made by the learned counsel for the petitioners and submits that the opposite party no. 2 does not have any objection in the event if the order taking cognizance is quashed.

5. Considering the joint submissions made by the learned counsel for the parties, the order dated 25.04.2019 passed by the learned Chief Judicial Magistrate, Bhojpur at Ara in Ara Nawada P.S. Case No. 719 of 2018 whereby cognizance of the offences under Sections 341, 323, 379 and 506/34 of the Indian Penal Code has been taken against the petitioners, is hereby quashed.

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

CAV DATE N.A.

Uploading Date 19.10.2023 Transmission Date 19.10.2023