Patna High CourtCR. MISC./5042/2015allowed

Mangaru Thakur And ORS. v. State Of Bihar And ANR

2019-07-01Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5042 of 2015 Arising Out of PS. Case No.-1462 Year-2009 Thana- GOPALGANJ COMPLAINT CASE District- Gopalganj ====================================================== 1.

Mangaru Thakur son of Ganesh Thakur 2.

Lal Jhari Devi wife of Mangaru Thakur 3.

Rajendra Thakur Son of Mangaru Thakur 4.

Jitendra Thakur son of Mangaru Thakur 5.

Balindra Thakur son of Mangaru Thakur. All Residents of village - Ahirawalia, P.S. Manjhagarh, District - Gopalganj. ... ... Petitioner/s

Versus

State Of Bihar 2.

Shiv Kali Devi Wife of Haresh Kumar Thakur D/o Late Ved Nandan Thakur. R/o village - Bagha, P.S. Jadopur, District - Gopalganj. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bijay Prakash Singh For the Opposite Party/s :

Mr.Surendra Pd.Singh App ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 01-07-2019 Heard learned counsel for the parties.

2. The petitioners are accused in connection with Complaint Case No.1462 of 2009, filed by opposite party No.2 against the petitioners for the offences under Sections 498(A) and 406 of the Indian Penal Code as well as Section 3/4 of the Dowry Prohibition Act.

3. By the impugned order dated 16.02.2010, the learned court below has issued summons against the petitioners to face trial.

Patna High Court CR. MISC. No.5042 of 2015 dt.01-07-2019 2/2

4. Submission is that the parties have entered into a written compromise filed before the court below and the petitioner has brought on the record the said compromise petition through affidavit and has stated on oath in the supplementary affidavit that conjugal life of the complainant has already been restored with the husband and they are living happily.

5. Considering the aforesaid fact, further prosecution of criminal proceeding would amount to abuse of process of the court and unnecessary harassment to the parties. Hence, to secure the ends of justice, the impugned order and subsequent proceeding stands quashed and this application stands allowed. (Birendra Kumar, J) abhishek/- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 06.07.2019 Transmission Date 06.07.2019