Kamalawati Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61171 of 2019 Arising Out of PS. Case No.-156 Year-2017 Thana- SHASTRINAGAR District- Patna ====================================================== 1.

KAMALAWATI DEVI, Wife of Ram Balak Singh.

2.

Manoj Pratap @ Manoj Kumar Son of Ram Balak Singh. Both resident of Flat No.103, Ramashray Apartment, P.S.- Shastri Nagar, District- Patna.

... ... Petitioners

Versus

1.

The State of Bihar 2.

Tanu Kumari D/O - Ramavatar Sharma, Resident of Datiyana, P.S.- Vikram, District- Patna ... ... Opposite Parties ====================================================== Appearance :

For the Petitioners :

Mr. Ratnesh Kumar Singh, Advocate For the State :

Mr. Navin Kumar Pandey, APP For the Opp. Party No.2:

Mr. Nishikant, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 03-04-2025 Heard learned counsel for the petitioners, learned APP for the State and learned counsel for the opposite party no.2.

2.

Learned counsel for the petitioners is permitted to make necessary correction in the memo of the petition.

3.

In this case, the petitioners have challenged the cognizance order dated 13.08.2018 passed by the learned A.C.J.M.-IV, Patna, in Shastri Nagar P.S. Case No.156 of 2017. 4.

As per the F.I.R., the informant is the tenant

Patna High Court CR. MISC. No.61171 of 2019(5) dt.03-04-2025 2/3 in Flat No.302, Ramashray Apartment, Patna, which belongs to the petitioners. It is alleged that on 22.03.2017 at around 5:30 P.M. the niece of the informant, who is aged about 13 years, was coming to the apartment through the lift but the gate of the lift was left open, upon which the petitioner no.1 told her that if she will do such thing in future, she will cut her legs. When the informant and her mother complained the same to the accused persons, they abused and slapped her and also tore the clothes of the informant. It is also alleged that the accused persons also snatched the gold chain of the informant.

5.

It is a landlord and tenant dispute and both the parties have settled their disputes outside the Court. In support of the same, Interlocutory Application No.1 of 2025 has also been filed.

6.

Considering the averments made in the interlocutory application and also the fact that both the parties have settled their dispute amicably, the entire proceedings arising out of the F.I.R. vide Shastri Nagar P.S. Case No. 156 of 2017 filed by the opposite party no.2 against the petitioners including the order taking cognizance dated 13.08.2018 passed by the learned Magistrate and also the F.I.R. vide Shastri Nagar P.S. Case No. 157 of 2017 filed by the petitioner no.1 against

Patna High Court CR. MISC. No.61171 of 2019(5) dt.03-04-2025 3/3 the opposite party no.2 and his family members are hereby quashed in the interest of justice.

7.

In view of the aforesaid, this application is allowed. Consequently, Interlocutory Application No.01 of 2025 is also disposed of.

(Sandeep Kumar, J) pawan/- U T