Samsul Nesha @ Samsun Nisha And ORS. v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.48755 of 2014 (4) dt.23-07-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 48755 of 2014 Arising Out of PS.Case No. -121 Year- 2013 Thana -HATHUA District- GOPALGANJ ======================================================

1. Samsul Nesha @ Samsun Nisha @Samsun Nisha wife of Late Zainuddin Khan.

2. Mahdi Hassan.

3. Abul Hassan.

.... .... Petitioner/s

Versus

1. State of Bihar.

2. Husan Tara@Husan Aara Khatoon wife of Late Amruddin Khan. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Mohammad Sufyan For the Opposite Party/s : Mr. R.N.Jha(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 23-07-2015 The petitioners seek quashing of the order dated 11.07.2014 passed in Cr. Misc. No. 8869 of 2014 by the Chief Judicial Magistrate, Gopalganj.

Earlier this Court had noted the fact that the parties were ready to short out the differences in civil matter. I find that the present occurrence had taken place while one of the parties attempted to settle the dispute in which altercation and assault took place. The injury were not fatal and the manner of occurrence stated by the informant does not appear under Section 307 I.P.C. Hence the application is allowed and the order dated 11.07.2014 passed in Cr. Misc. No. 8869 of 2014 by the Chief Judicial Magistrate, Gopalganj is hereby set aside. (Anjana Prakash, J) Prakash/- U T