Bharati Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46502 of 2022 Arising Out of PS. Case No.-99 Year-2020 Thana- MAHILA P.S. District- Patna ====================================================== 1.

Bharati Singh W/O Shri Lokesh Singh Resident Of Village- Budhkala, P.S.- Katra, District- Muzaffarpur. At Present Residing At Road No.2, Shekhpur, Akhra Ghat, Police Station- Ahiyapur, District- Muzaffarpur. 2.

Minu Kumari W/O Vivek Bhardwaj Resident Of Village- Bhootnath Road, B.H. Colony, P.S.- Agam Kuan, District- Patna. 3.

Kumar Saurav Gopal @ Gopalji S/O Pramod Kumar Singh Resident Of Village And P.S.- Khajauli, District- Madhubani. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Kumari Chanchala, Late Nagendra Prasad Singh Resident of MohallaIndrapuri Road No.06, House No.40, P.S.- Patliputra, District- Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vindhya Keshri Kumar- Sr. Advocate Mr. Amit Kumar- Advocate Mr. Ajay Kumar Singh- Advocate For the Opposite Party/s :

Mr. Narendra Kumar Singh- A.P.P.

Ms. Kumari Ruchi Mr. Mithilesh Kumar Rai Mr. Abhishek Kumar Mr. Sunil Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL JUDGMENT 17-10-2023 1.

Heard learned senior counsel for the petitioners, learned counsel for the opposite party no.2 and learned APP for the State.

2.

The learned counsel for the opposite party no.2, at the outset, very fairly submits that he has instructions to make submission not to oppose the quashing application filed on behalf of Bharati Singh, Minu Kumari and

Patna High Court CR. MISC. No.46502 of 2022 dt.17-10-2023 2/3 Kumar Saurav Gopal @ Gopalji as they are married sister inlaws and cousin brother in-law. 3.

The learned senior counsel for the petitioners submits that the present quashing application has been filed seeking quashing of the order dated 24.12.2021 passed by the learned Sub-divisional Judicial Magistrate, Patna in Mahila P. S. Case No.99 of 2020, whereby cognizance of offences has been taken under Sections 498(A), 341, 323, 506/ 34 of the I.P.C. read with Section 3/4 of the D. P. Act.

4.

Since the dispute is matrimonial and the learned counsel appearing on behalf of the opposite party no.2 has submitted that opposite party no.2 will have no objection, in the event, if the order taking cognizance against the petitioners is quashed in that event, the order dated 24.12.2021 passed by the learned S.D.J.M., Patna in Mahila P. S. Case No.99 of 2020, whereby cognizance of offences has been taken under Sections 498(A), 341, 323, 506/ 34 of the I.P.C. read with Section 3/4 of the D. P. Act is taken, is hereby quashed.

Patna High Court CR. MISC. No.46502 of 2022 dt.17-10-2023 3/3 5.

It is made clear that the order of cognizance has been quashed only with respect to the petitioners of the present quashing application. (Satyavrat Verma, J) vikash/- AFR/NAFR N.A.

CAV DATE N.A.

Uploading Date 18.10.2023 Transmission Date 18.10.2023