Harihar Prasad Gupta @ Harihar Prasad And ORS. v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10708 of 2014 Arising Out of PS.Case No. -2214 Year- 2008 Thana -SIWAN COMPLAINT CASE DistrictSIWAN ======================================================

1. Harihar Prasad Gupta @ Harihar Prasad Son Of Late Ramjash Prasad

2. Umesh @ Umesh Chandra @ Jugunoo Son Of Sri Harihar Prasad Gupta

3. Deepak Kumar Gupta Son Of Sri Harihar Prasad Gupta All Resident Of Village/Mohalla - Amar Jyoti Behind Shital Market, Garunpar, P.S. - Kotwali Deoria, District - Deoria (U.P.)

4. Rajesh Kumar Gupta Son Of Sri Kedar Nath Gupta

5. Anita Devi @ Anita Gupta Wife Of Rajesh Kumar Gupta Both Resident Of Mohalla - Hanuman Mandir Road, P.S. - Kotwali Deoria, District - Deoria (U.P.).

.... .... Petitioners

Versus

1. The State Of Bihar

2. Smt. Raj Shree Devi Wife Of Vinod Kumar Gupta Resident Of Village/Mohalla - Amar Jyoti Behind Shital Market, Garunpar, P.S. - Kotwali Deoria, District - Deoria (U.P.), At Present Daughter Of Sri Ram Babu Prasad, Resident Of Mohalla - Sonar Toli, P.S. - Siwan Town, District - Siwan, now residing at C/O Kamal Battery Bhikhampur Road, Deoria (UP).

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

For the Petitioners : Mr. Naresh Prasad, Advocate For the State : Mr. Matloob Rab (APP) For the Opp. Party No.2 : None.

====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 30-06-2017 This Criminal Miscellaneous has been filed for quashing the order dated 04.02.2009 passed by the learned Sub. Divisional Judicial Magistrate, Siwan, whereby and whereunder, he has taken cognizance against the accused persons (petitioners) under sections 498 A and 406 of the I.P.C and section 4 of the Dowry Prohibition Act in Complaint Case No. 2214 of 2008 and

Patna High Court Cr.Misc. No.10708 of 2014 (6) dt.30-06-2017 2/2 directed to issue summons against the accused persons for their appearance. By order dated 09.09.2014 the matter was referred to the Mediation and Conciliation Centre, Patna High Court, Patna and again time was extended by order dated 16.01.2017 and now the learned Mediator has submitted his report stating that the dispute between the parties has been resolved through the process of mediation. The terms of settlement mutually agreed upon by them is attached with the Mediator's report on the separate sheet. The opposite party no.2 and the petitioners have signed on the agreement made on 07.04.2017. The learned Mediator as well as the learned counsel for the petitioners have also signed on the same.

As the dispute between the parties has already been settled amicably and as such facing trial appears not proper and accordingly the impugned order dated 04.02.2009 is hereby quashed and this Criminal Miscellaneous is hereby allowed. (Jitendra Mohan Sharma, J) Abhay/- U T