Munni Kumari @ Munni Devi And ANR. v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.19962 of 2014 Arising Out of PS. Case No.-136 Year-2006 Thana- HAJIPUR District- Vaishali ======================================================
1. Munni Kumari @ Munni Devi Wife of Ajay Kumar Singh
2. Ajay Kumar Singh Son of Dharmnath Singh. Both resident of Sita Chawk, Baghmali, Police Station- Hajipur Town, District- Vaishali (Hajipur) Permanent resident- Village- Panchvinda, Police Station- Taraiya, DistrictSaran (at Chapra). ... ... Petitioner/s
Versus
1. The State of Bihar
2. Shivratan Singh Son of Late Mundrika Singh, Resident of MohallaSomeshwar Nath Colony, Near R.N. College, Police Station- Hazipur, Town, District- Vaishali ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.
For the Opposite Party/s :
Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 03-01-2019 Heard learned counsel for the petitioners; learned A.P.P. for the State and learned counsel for the opposite party no. 2.
2. The petitioners have moved the Court under Section 482 of the Code of Criminal Procedure, 1973 for the following relief:
"That this is an application for quashing the order of cognizance dated 1.4.2014 passed by learned Chief Judicial Magistrate, Vaishali at Hajipur in Hajipur Town Police Station Case No. 136 of 2006, whereby and whereunder the learned Court below has been pleased to take cognizance against the petitioners under Section 420/406/120(B)/34 of the Indian Penal Code, which
Patna High Court Cr.Misc. No.19962 of 2014 dt.03-01-2019 2/2 is pending in the Court of Shri Anand Abirekh, Judicial Magistrate, Ist Class, Hajipur (Vaishali)."
3. At the very outset, learned counsel for the petitioners produced cheque of Rs. 56,000/- in favour of the petitioner no. 1. Learned counsel for the petitioners accepted the same.
4. Learned counsel for the parties agreed that the matter has now been compromised between the parties.
5. Having regard to the aforesaid, the application is allowed. The order dated 01.04.2014 passed by the Chief Judicial Magistrate, Vaishali at Hajipur in Hajipur Town P.S. Case No. 136 of 2006 by which cognizance has been taken against the petitioners under Sections 420/406/120B/34 of the Indian Penal Code, stands quashed.
(Ahsanuddin Amanullah, J.) P. Kumar AFR/NAFR U T