Gayatri Devi @ Gayatri Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80403 of 2019 Arising Out of PS. Case No.-121 Year-2018 Thana- VISHNUPAD District- Gaya ====================================================== 1.
Gayatri Devi @ Gayatri Kumari W/O Satendra Kumar Sinha Resident Of Village - Raj Colony, Pucca Fgiled, Maharani Road, Nai Godam, P.S.- Kotwali, Distt.- Gaya.
2.
Satendra Kumar Sinha @ Satendra Kumar Son Of Late Kishori Prasad Resident Of Village - Raj Colony, Pucca Fgiled, Maharani Road, Nai Godam, P.S.- Kotwali, Distt.- Gaya.
3.
Priyanka Kumari W/O Late Amit Kumar Sinha, D/O Satendra Kumar Sinha Resident Of Village - Raj Colony, Pucca Fgiled, Maharani Road, Nai Godam, P.S.- Kotwali, Distt.- Gaya.
... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Ashok Kumar S/O Late Sharda Prasad R/O Mohalla- Chandchaura, P.S.- vishnupad, District-Gaya ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Gautam Kumar Kejriwal Mr. Atal Bihari Pandey Mr. Alok Kr. Jha Ms. Ekta Rani For the Opposite Party/s :
Mr. Ram Sumiran Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 17-07-2023 Heard the parties.
This application has been filed for quashing the order dated 19.06.2019 passed by learned CJM, Gaya in Vishnupad P.S. Case No. 121 of 2018.
Prosecution story in short is that the son of the informant was married to the petitioner No. 03 and upon instigation from the petitioner No. 01 and 02, petitioner No. 03 filed false case against the son of informant and being harassed
Patna High Court CR. MISC. No.80403 of 2019(4) dt.17-07-2023 2/3 by the petitioners, son of the informant committed suicide. It has been submitted by the learned counsel for the petitioners that the petitioners are innocent. The petitioners are the girl and her parents and the case has been filed by the fatherin-law of the petitioner No. 03 for the suicide committed by the husband of the petitioner No. 03 at his own house. A complaint case vide Complaint Case No. 347 of 2018 was filed by the petitioner No. 03 under Section 498/A against the family members of her husband which on compromise has been dismissed on 24.08.2018.
Learned counsel for the petitioners further submits that in this case also a compromise petition has been filed by the parties and it seems that the O.P. No. 02 is not appearing in this case.
Heard learned APP for the State also.
He also admits the fact that the boy had committed suicide in his own house.
From reading of the FIR, it appears that the allegations which are levelled against the petitioners is a result of death of the son of the O.P. No. 02 and the petitioners were not involved in this case as the parties have already settled their disputes.
Patna High Court CR. MISC. No.80403 of 2019(4) dt.17-07-2023 3/3 Moreover, in view of the law laid down by the Hon'ble Supreme Court in the case of Velladuri Vs. State by the Inspector of Police 2021 SCC OnLine SC 715, this application is allowed.
Accordingly, the order dated 19.06.2019 passed by learned CJM, Gaya in Vishnupad P.S. Case No. 121 of 2018 is hereby quashed.
(Sandeep Kumar, J) Vikas/- U T