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Patna High CourtCR. MISC./3962/2014allowed

Deepak Kumar And ORS. v. State Of Bihar And ANR

2015-08-27Justice Smt. Anjana Prakash2 pages

Patna High Court Cr.Misc. No.3962 of 2014 dt.27-08-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3962 of 2014 Arising Out of PS.Case No. -2192C Year- 2012 District- PATNA ===========================================================

1. Deepak Kumar S/O Late Akhileshwar Thakur Resident Of Village-Keshavpur, P.S.- Digha, District- Patna

2. Kanti Devi W/O Late Akhileshwar Thakur Resident Of Village-Keshavpur, P.S.- Digha, District- Patna

3. Dinesh Kumar S/O Late Akhileshwar Thakur Resident Of Village-Keshavpur, P.S.- Digha, District- Patna

4. Rubi Devi W/O Gopal @ Satya Narayan , D/O Late Akhileshwar Thakur Resident Of Village-Keshavpur, P.S.- Digha, District- Patna .... .... Petitioner/s

Versus

1. The State Of Bihar

2. Poonam Kumari, wife of Deepak Kumar, daughter of Surendra Prasad Sharma, resident of Mohalla New Arfabad Colony, Gulzarbagh, Distt. Patna, present address resident of Mohalla Murgi Farm, Budha Colony, P.S. Budha Colony, Distt. Patna.

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

For the Petitioner/s : Mr. Alok Kumar Sinha, Adv. For the State : Mr. Iftekhar Mahmood, A.P.P. =========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 27-08-2015 Heard learned counsel for the Petitioners and the State. The Petitioners seek quashing of the order of cognizance dated 26.11.2012 passed by the Sub Divisional Judicial Magistrate, Patna, in Complaint Case No. 2192(C) of 2012. Considering that the spouses are living happily together which has been submitted by the Petitioners, of which the counsel for the Opposite Party No. 2 has no instruction, the Proceeding including the order of cognizance dated 26.11.2012 passed by the Sub

Patna High Court Cr.Misc. No.3962 of 2014 dt.27-08-2015 Divisional Judicial Magistrate, Patna, in connection with Complaint Case No. 2192(C) of 2012 is hereby set aside. The application stands allowed.

However, if at any stage, the Complainant feels that the Compromise was only with a view to gain advantage, it will be open to her to revive the instant Complaint.

(Anjana Prakash, J) S.Ali/- U T