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Patna High CourtCR. MISC./33710/2012disposed

Sk. Ibrahim @ Ibrahim v. State Of Bihar And ANR

2015-08-03Justice Smt. Anjana Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33710 of 2012 Arising Out of PS.Case No. -447 Year- 2011 Thana -null DistrictWESTCHAMPARAN(BETTIAH) ===========================================================

1. Sk. Ibrahim @ Ibrahim S/O Sk. Noor Salim Resident Of Village- Adhkaparia, P.O. And P.S.- Ramgarhwa, District- East Champaran .... .... Petitioner/s

Versus

1. The State Of Bihar

2. Najma Khatoon W/O Sk. Ibrahim, D/O Late Sk. Ekram Resident Of VillageGarhwa, P.O. And P.S.- Majhaulia, District- West Champaran .... .... Opposite Party/s =========================================================== Appearance :

For the Petitioner/s : Mr. Pravin Kumar, Adv. For the State : Smt. Mina Singh, A.P.P. =========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 03-08-2015 Heard learned counsel for the Petitioner and the State. The Petitioner seeks quashing of the order of cognizance dated 14.6.2012 passed by the Sub Divisional Judicial Magistrate, Bettiah, West Champaran, in Complaint Case No. 447-C of 2011, Trial No. 7241 of 2011.

The case of the Complainant is that she was married to the Petitioner in the year 2004 and out of the wedlock, two daughters were born. However, she was tortured for ends of dowry on account of which she earlier instituted a case. In the said case, a compromise was entered into but once again the in-laws misbehaved and hence, the present Complaint.

Patna High Court Cr.Misc. No.33710 of 2012 dt.03-08-2015 2/2 It has been submitted that no doubt the Complainant filed Ramgarhwa P.S. Case No. 15 of 2011 on 15.2.2011 before the present Case. She also filed two cases one is Complaint Case No. 1253-C of 2009 and another is maintenance Case No. 112 of 2010 that have already been compromised. Thereafter, she filed the present Complaint for the same cause of action.

It has further been submitted that before the present Complaint was filed Ramgarhwa P.S. Case No. 15 of 2011 which is pending before the Magistrate at Motihari.

Be that as it may, the Court below is directed to transmit the records of the present Complaint so as to amalgamate it with Ramgharwa P.S. Case No. 15 of 2011.

With this observation, the applications stands disposed off.

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