Malti Devi And ORS. v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14308 of 2011 ======================================================

1. Malti Devi D/O Nourangi Mistry

2. Shambhu Mistry Son of Nourangi Mistry

3. Nourangi Mistry Son of Late Shiv Narayan Mistry

4. Braj Kishore Mistry S/O Late Jatan Mistry. All resident of VillageGonpura, P.S. Kurtha, District- Arwal.

5. Ram Dayal Sharm Son of Late Ram Chandar Sharma, resident of Mohalla- Badki Delha, Dularganj Road, P.S. Delha, District- Gaya.

6. Rajendra Sharma Son of Jagdish Mistry

7. Jagdish Mistry Son of Late Raghunandan Mistry. Both R/O VillagePadaria, P.S. Tekari, District- Gaya.

8. Dudheswar Singh Son of Baidyanath Singh, resident of VillageGonpura, P.S. Kurtha, District- Arwal.

9. Lalita Devi W/O Ram Dayal Sharma, R/O Mohalla- Badki Delha, P.S. Delha, District- Gaya.

10. Basanti Devi W/O Nourangi Mistry, R/O village- Gonpura, P.S. Kurtha, District- Arwal.

.... .... Petitioners

Versus

1. The State of Bihar

2. Brajesh Prasad Son of Chamaru Mistri R/O Village- Paridpur, P.S. Parasbigha, District- Jehanabad.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioners : Mr. Satya Veer, Advocate. For the State : Mr. Ram Bilash Roy, 'Raman' (APP) For the opp. Party no.2 : Mr. Sanjay Kumar, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 07-11-2017 Affidavits on behalf of petitioner no.1 and the opposite party no.2 have been filed. By filing the affidavits it has been submitted that both the parties have settled their disputes amicably and have agreed to withdraw the cases filed by the parties against each other and further they will file a joint mutual Divorce petition before the competent court of jurisdiction for dissolving their marriage. Both parties have also agreed that both sons will be looked after by both the parties and both sons will not

Patna High Court Cr.Misc. No.14308 of 2011 (19) dt.07-11-2017 2/2 be debarred from their legal rights by both the parties. It is submitted that in view of compromise arrived at between the parties now the opposite party no.2 does not want to continue with the case and as such this Criminal Miscellaneous for quashing should be allowed.

This Criminal Miscellaneous has been filed for quashing the order dated 10.01.2011 passed by Sri Afjal Alam, the learned Judicial Magistrate, 1st Class, Jehanabad in CR No. 116 of 2010, Trial No. 2294 of 2011, whereby and whereunder, the learned Magistrate after finding prima-facie case to be made out under sections 323 and 380/34 of the I.P.C. passed order for issuance of summons against the petitioners in connection with the aforesaid complaint case. Now the complainant does not want to proceed with the complaint in view of compromise arrived at between the parties.

In view of above, this Criminal Miscellaneous is hereby allowed and the impugned order dated 10.01.2011 passed in CR No. 116 of 2010/ Tr. No. 2294 of 2011 stands quashed and consequently the entire complaint case stands quashed. In the result, in view of compromise this Criminal Miscellaneous stands allowed.

(Jitendra Mohan Sharma, J) Abhay/- U T