Zeenat Praveen v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76316 of 2023 Arising Out of PS. Case No.-24 Year-2021 Thana- MAHILA P.S. District- Vaishali ====================================================== 1.
ZEENAT PRAVEEN Wife of Late Saiyed Abu Zafar @ Abu Zafar R/o vill - Ladaura, P.S. - Kudhani, Distt. - Muzaffarpur. 2.
Imteyaz Ahmad Son of Late Saiyed Abu Zafar @ Abu Zafar R/o vill - Ladaura, P.S. - Kudhani, Distt. - Muzaffarpur. 3.
Shagufta Parveen Wife of Asif Iqbal R/o vill - Saidpur Satanpur, P.S. - Ujairpur, Distt. - Samastipur.
... ... Petitioner/s
Versus
1.
The State of Bihar.
2.
Sultana Praveen Wife of Syed Imran Ahmad, D/o Md. Asghar Ali R/o vill - Chakchameli, P.S. - Hajipur Sadar, Distt. - Vaishali. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Javed Aslam, Advocate For the Opposite Party/s :
Mr.Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL JUDGMENT Date : 06-02-2025
1. Heard learned counsel appearing on behalf of the parties.
2. The present application has been filed for quashing the order dated 04.11.2022 passed by learned S.D.J.M., Hajipur, Vaishali, in connection with Mahila P.S. Hajipur Case No. 24 of 2021, CIS G.R. No. 1225/2022, Tr. No. 3467 of 2022, where cognizance was taken for the offences under sections 341, 323, 498A, 307/34 of the Indian Penal Code and Section 3⁄4 of Dowry Prohibition Act.
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3. It is submitted by learned counsel that the matter between opposite party no. 2 and her husband Syed Imran Ahmad stands compromised in view of annexures 3 and 4 series of supplementary affidavit as filed on behalf of petitioners on 12.12.2024.
4. The aforesaid affidavit appears available on record.
5. The petitioners are in-laws.
6. In view of submission as the maintenance of opposite party no. 2 appears settled with her husband against one time payment for sum of Rs. 08 lacs, where their marriage also stands dissolved as per their personal law, and as such, the dispute appears amicably settled and, therefore, in such circumstances continuing with the process against the petitioners qua in-laws would only amount to an abuse of the process of the court of law.
7. In this context, guiding note may be import from legal report of Hon'ble Supreme Court as available through Abhisek Vs. State of Madhya Pradesh, reported in 2023 SCC OnLine SC 1083.
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8. In view of aforesaid, the present quashing petition stands allowed.
9. The impugned order of cognizance dated 04.11.2022 passed by the learned S.D.J.M., Hajipur, Vaishali, in connection with Mahila P.S. Hajipur Case No. 24 of 2021, CIS G.R. No. 1225/2022, Tr. No. 3467 of 2022, is hereby set aside and quashed qua petitioners.
10. Let copy of this order be sent to the trial court, without delay.
(Chandra Shekhar Jha, J) veena/- AFR/NAFR NAFR CAV DATE NA Uploading Date 06.02.2025 Transmission Date 06.02.2025