Dr. Pawan Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 28692 of 2014 Arising Out of P.S. Case No.-169 Year-2013 Thana- DESARI District- Vaishali ======================================================

1. Jai Mangal Singh @ Jai Mangal Pd. Singh, Son of Late Jattu Singh.

2. Saroj Devi @ Saroj Singh wife of Jai Mangal Singh Both are resident of Village Chhoti Marai, P.S. Hajipur Town, District Vaishali. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. P.G. Nisa Daughter of Prabhat Kumar, Resident of Village Bhikhanpura, P.S. Desari (Chandpura O.P.) District Vaishali.

... ... Opposite Party/s ====================================================== with Criminal Miscellaneous No. 20534 of 2016 Arising Out of P.S. Case No.-169 Year-2013 Thana- DESARI District- Vaishali ====================================================== Dr. Pawan Kumar Son of Jai Mangal Singh Resident of Village Chhoti Marai, P.S. Hajipur Town, District- Vaishali.

... ... Petitioner/s

Versus

1. The State of Bihar

2. P.G. Nisa daughter of Prabhat Kumar Resident of Village Bhikhanpura, P.S. Desari (Chandpura O.P.) District- Vaishali.

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

(In Criminal Miscellaneous No. 28692 of 2014) For the Petitioner/s :

Mr. Mukesh Kumar, Advocate For the Opposite Party/s :

Mr. Anuj Kumar Shrivastava, A.P.P.

For the Informant :

Mr. Surendra Kishore, Advocate For the State :

Mr. Jharkhandi Upadhyay, A.P.P.

(In Criminal Miscellaneous No. 20534 of 2016) For the Petitioner/s :

Mr.

For the State :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 02-01-2019 Heard learned counsel for the petitioners, learned A.P.Ps. for the State and learned counsel for the Opposite Party No. 2.

Patna High Court Cr.Misc. No.28692 of 2014 dt.02-01-2019 2/3

2. The petitioners have moved the Court under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Code') for quashing of the order dated 25.04.2014, passed in Desari P.S. Case No. 169 of 2013/Tr. No. 4733 of 2014 by the Judicial Magistrate, 1st Class, Vaishali at Hajipur by which cognizance has been taken against them under Sections 341/323/307/406/498A/504/506/120B of the Indian Penal Code and 3/4 of the Dowry Prohibition Act.

3. The petitioners are father-in-law, mother-in-law and husband of the Opposite Party No. 2.

4. At the very outset, learned counsel for the parties informed the Court that the parties have compromised the matter, but the case is pending, both on account of there being stay in the present cases and also cognizance having been taken under noncompoundable sections.

5. Having regard to the fact that the matter basically relates to matrimonial dispute between the parties, and the same having been mutually compromised, the Court finds that a case for interference under Section 482 of the Code in exercise of its inherent power for securing the ends of justice, has been made out.

6. Accordingly, the applications are allowed. The order dated 25.04.2014 passed in Desari P.S. Case No. 169 of 2013/Tr.

Patna High Court Cr.Misc. No.28692 of 2014 dt.02-01-2019 3/3 No. 4733 of 2014 taking cognizance under Sections 341/323/307/406/498A/504/506/120B of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act against the petitioners stands quashed.

(Ahsanuddin Amanullah, J.) Anand Kr.

AFR/NAFR U T