Patna High CourtCR. MISC./48268/2012allowed

Sanjeet Mahto And ANR. v. State Of Bihar And ANR

2015-07-20Justice Smt. Anjana Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 48268 of 2012 Arising out of P.S. Case No. -null Year- null Thana -null District- - ========================================================

1. Sanjeet Mahto S/o Manoranjan Mahto Resident of VillagePairgha, Police Station- Amarpur, District- Banka.

2. Manoranjan Mahto S/o Late Kaleshwar Mahto Resident of Village- Pairgha, Police Station- Amarpur, District- Banka. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Beena Devi W/o Sanjeet Mahto and D/o Damodar Mahto Resident of Village- Pairgha, Police Station- Amarpur, DistrictBanka, Presently Resides In Village- Nabtoliya, Police StationAmarpur, District- Banka. .... .... Opposite Party/s ======================================================== Appearance :

For the Petitioner/s : None.

For the Opposite Party/s : Dr. Indiwar Kumari, APP. ======================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 20-07-2015 No one appears on behalf of the Petitioners.

The Petitioners seek quashing of the entire proceeding including the order of cognizance dated 13.10.2011 passed by the Sub-divisional Judicial Magistrate, Banka in Complaint Case No. C355 of 2011. The background facts of the case is that the Complainant instituted the present case against the Petitioners and the family members for having tortured her and contracted a second marriage.

I find that earlier the Complainant had filed another Complaint on 24.04.2009 in which cognizance

Patna High Court Cr.Misc. No.48268 of 2012 dt.20-07-2015 was taken. Thereafter, the Petitioner No. 1 filed restitution of conjugal rights where the Complainant appeared and the matter was compromised whereafter she went to her matrimonial home on 04.02.2012. In such circumstances, evidently, the present Complaint which was instituted earlier does not appear to be sustainable.

Hence, the entire proceeding including the order of cognizance dated 13.10.2011 passed by the Subdivisional Judicial Magistrate, Banka in Complaint Case No. C355 of 2011 is, hereby, set aside.

The application stands allowed.

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