Patna High CourtCR. MISC./26649/2014allowed

Kanhaiya Prasad Bhagat And ORS. v. The State Of Bihar

2015-01-23Mr. Justice Samarendra Pratap Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26649 of 2014 Arising Out of PS. Case No. -2783 Year- 2013 Thana - WEST CHAMPARAN COMPLAINT District- WEST CHAMPARAN (BETTIAH) ======================================================

1. Kanhaiya Prasad Bhagat, S/o G.P. Bhagat

2. Munni Bhagat, W/o Kanhaiya Prasad Bhagat

3. Vivek Kumar, S/o Kanhaiya Prasad Bhagat

4. Vineta Supriya, D/o Kanhaiya Prasad Bhagat All residents of Flat No. B/306, Vishwanath Apartment, Devi Mundap Road, P.O. Hehal, P.S. Sukhdeo Nagar, District - Ranchi, Jharkhand. .... .... Petitioners.

Versus

The State of Bihar .... .... Opposite Party.

====================================================== Appearance :

For the Petitioner/s : Mr. Praveen Kumar, Advocate For the Opposite Party/s : Mr. Jharkhandi Upadhyay (APP) For the Informant : Mr. Priyadarshi Matri Sharan, Advocate ======================================================

CORAM:

HONOURABLE MR.

JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 23-01-2015 Heard learned counsel for the parties.

The petitioners have prayed for quashing the order dated 20.03.2014 by which the learned Judicial Magistrate, 1st Class, Bettiah, West Champaran has taken cognizance in Complaint Case No. 2783 (C) of 2013 (Tr. No. 2869 of 2013) for the offence under Sections 447, 406/34 of the Indian Penal Code. Learned counsel for the petitioners submits that the Complainant is the own son-in-law of petitioner nos. 1 and 2 whereas petitioner nos.3 and 4 are the son and daughter of petitioner no.1. Learned counsel further submits that compromise has already been entered into between the parties.

Patna High Court Cr. Misc. No.26649 of 2014 (3) dt.23-01-2015 2 / 2 Learned counsel for the informant does not deny the aforesaid position.

In the aforesaid facts and circumstances of the case, the order taking cognizance dated 20.03.2014 passed in Complaint Case No. 2783 (C) of 2013 (Tr. No. 2869 of 2013) is hereby quashed.

This application stands allowed.

(Samarendra Pratap Singh, J.) Uday/- U T