Swayam Prakash Upadhyay v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48008 of 2012 Arising Out of Complaint Case No. -748 Year- 2010 District- BHABHUA (KAIMUR) =========================================================== Swayam Prakash Upadhyay, son of Rameshwar Upadhyay, resident of village Banarpur, P.S. Chausa, Distt. Buxar, at present Railway Colony, Mugalsarai, House No. 12, Police Station Mugalsarai, Distt. Chandauli (U.P.). .... .... Petitioner/s

Versus

1. The State of Bihar

2. Simpal Devi, daughter of late Brahaspati Nararayan Chaudhary, present residing at C/o of Shila Kaur, Village Chandeeh, P.S. Kudhni, Distt. Kaimur. .... .... Opposite Party/s =========================================================== Appearance :

For the Petitioner/s : Mr. Amit Kr. Singh, Adv. For the State : Dr. Kumar Uday Pratap, A.P.P. =========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 14-09-2015 Heard learned counsel for the Petitioner and the State. The Petitioner seeks quashing of the order of cognizance dated 9.8.2010 passed by the Chief Judicial Magistrate, Bhabua (Kaimur) in Complaint Case No. 748 of 2010.

It has been submitted that the matrimonial dispute has now been resolved as is apparent from Annexure-10 filed with supplementary affidavit wherein a decree of divorce has been granted on terms of compromise.

Considering such aspect of the matter, the application is allowed and the Proceeding including the order of cognizance dated 9.8.2010 passed by the Chief Judicial Magistrate, Bhabua (Kaimur) in Complaint Case No. 748 of 2010, so far as the Petitioner is concerned, is hereby set aside.

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