Nazma Khatoon And ANR. v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.50185 of 2012 dt.09-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 50185 of 2012 Arising out of P.S. Case No. -141 Year- 2006 Thana -Vaishali District- - ========================================================

1. Nazma Khatoon, Wife of Mohammad Mustaque Ahmad.

2. Mohammad Mustaque Ahmad, Son of Mohammad Jaan, Both resident of Village-Bakhra, Police Station-Saraiya, DistrictMuzaffarpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Raushan Khatoon, Wife of Mohammad Imtiyaz Haideri. Resident of Village-Bakhra, Police Station-Saraiya, District-Muzaffarpur. .... .... Opposite Party/s ======================================================== Appearance :

For the Petitioner/s : Mr. Niraj Kumar, Adv. For the Opposite Party/s: Mr. APP.

======================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 09-02-2016 The Petitioners seek quashing of the order of cognizance dated 01.08.2009 passed by the Sub-divisional Judicial Magistrate, Vaishali at Hajipur in Vaishali P.S. Case No. 141 of 2006 (G.R. No. 2178 of 2006, Tr. No. 1937 of 2012).

It has been submitted that notices had been issued to the Opposite Party No. 2 on the ground that now the matter has been resolved between the husband and wife but none appears on her behalf.

Accepting such submission, the entire proceeding against all the accused persons including the order of cognizance dated 01.08.2009 passed by the Sub-divisional

Patna High Court Cr.Misc. No.50185 of 2012 dt.09-02-2016 Judicial Magistrate, Vaishali at Hajipur in Vaishali P.S. Case No. 141 of 2006 (G.R. No. 2178 of 2006, Tr. No. 1937 of 2012) is, hereby, set aside.

The Application stands allowed.

Vikash/- (Anjana Prakash, J.) U T