Madhuri Prasad @ Madhuri Devi And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22859 of 2018 Arising Out of PS. Case No.-203 Year-2014 Thana- ALAMGANJ District- Patna ====================================================== 1.

Madhuri Prasad @ Madhuri Devi, W/O Mr. Shambhu Saran Prasad 2.

Anshuman Kumar, S/O Mr. Shambhu Saran Prasad Both R/O Mohalla - Balkishanganj, P.S. - Alamganj, District - Patna, Presently Residing At H - 405, Purva Fountain Square Marathhali Near Marathhali Bridge, P.S. - Bangalore, Karnataka, Pin - 560037.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Md. Shakeel Akhtar, S/o Late Khadim R/o Mohalla - Pathan Toli, P.S. - Alamganj, District - Patna, Presently residing at 44/1 Site no., Opposite Bridge Millenium, P.S. J.P. Nagar, 7th Phase Bangalore, Karnataka, Pin - 560078.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ravindra Kumar For the Opposite Party/s :

Mr.Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 08-02-2024

1. Heard learned counsel for the petitioners and learned APP for the State.

2. No one appears on behalf of the opposite party no.2.

3. The learned counsel for the petitioners submits that the present quashing application has been filed seeking quashing of the order dated 25.09.2017 passed by the learned Additional Chief Judicial Magistrate, Patna City, Patna in Alamganj P. S. Case No.203 of 2014, whereby

Patna High Court CR. MISC. No.22859 of 2018(4) dt.08-02-2024 2/3 cognizance of offence under Sections 406, 420, 506 and 34 of the I.P.C. has been taken.

4. The learned counsel for the petitioners submits that the petitioners, prior to filing the instant quashing application, had also filed Cr. Misc. No.19674 of 2015 seeking quashing of Alamganj P. S. Case No.203 of 2014. It is next submitted that Cr. Misc. No.19674 of 2015 was allowed by a learned Coordinate Bench and the F.I.R. i.e. Alamganj P. S. Case No.203 of 2014 was quashed based on a compromise that was entered in between the opposite party no.2, herein, the petitioners and others. It is submitted that the opposite party no.2 herein had filed Title Suit No.364 of 2014 in the Court of the learned Sub-Judge-1, Patna City, Patna, in which Madhuri Prasad @ Madhuri Devi (present petitioner no.1) along with others were defendants and in the said Title Suit, a compromise was entered in between the parties.

5. The learned counsel thus submits that when Alamganj P. S. Case No. 203 of 2014 itself stands quashed by a learned Coordinate Bench as recorded herein above, the

Patna High Court CR. MISC. No.22859 of 2018(4) dt.08-02-2024 3/3 present quashing application has become infructuous as the order of cognizance is no longer in existence and thus, seeks permission to withdraw the same.

6. Permission is accorded.

7. Accordingly, the present quashing application is dismissed as withdrawn.

(Satyavrat Verma, J) vikash/- U T