Tanbir Iqbal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77360 of 2019 Arising Out of PS. Case No.-301 Year-2015 Thana- VAISALI COMPLAINT CASE DistrictVaishali ====================================================== 1.

Tanbir Iqbal Son of Abdul Rab Nisatar @ Abdur Rab Nishtar Resident of Village - Mirgajashchak ( Near Alam Vila), P.S.- Laheriasarai, Dist.- Darbhanga.

2.

Abdul Ran Ishtar @ Adheer Rab Nishtar Son of late Dr. Md. Abash. Resident of Village - Mirgajashchak ( Near Alam Vila), P.S.- Laheriasarai, Dist.- Darbhanga.

3.

Sabiha Zohra, Son of D/o Abdul Rab Nishtar Resident of Village - Mirgajashchak ( Near Alam Vila), P.S.- Laheriasarai, Dist.- Darbhanga. 4.

Nurun Nisha W/o Abdur Rab Nishtar Resident of Village - Mirgajashchak ( Near Alam Vila), P.S.- Laheriasarai, Dist.- Darbhanga. ... ... Petitioner/s

Versus

1.

The State Of Bihar.

2.

Chaman Nishant Bano Tanbhir Aqbal Resident of Village - at Present Kasim Manzil, Mohalla - Bagdulhan, P.S.- Hazipur Nagar, Dist.- Vaishali. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajani Ranjan Pd. Singh For the Opposite Party/s :

Mr.Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-12-2019 This application has been filed for quashing of the order dated 07.05.2015 passed by learned J.M. 1st Class, Hajipur, Vaishali in Trial No. 591 of 2019 arising out of Complaint Case No. 301 of 2015, by which the process have been issued against the petitioners after having prima facie case against them.

Submission of learned counsel for the petitioners is that in this case both the parties compromise the case. There is

Patna High Court CR. MISC. No.77360 of 2019(2) dt.02-12-2019 2/2 no specific allegation attributed against them. Petitioners are the husband and family members of the complainant. Heard learned A.P.P. who has opposed this application on the ground that cognizance has been taken in the year 2015 and after 4 years the petitioners have come for quashing of the order taking cognizance and compromise is no ground for quashing as is not compoundable.

Having heard both sides, in view of the facts and circumstances as stated above, I am not inclined to interfere with the order taking cognizance passed by learned J.M. 1st Class, Hajipur, Vaishali.

The learned trial court is directed to expedite the trial and try to conclude it within a period of nine month from the receipt of this order. It is submitted that matter has been settled between the parties.

Accordingly, this application is disposed of with above observation.

(Vinod Kumar Sinha, J) Rahul Mishra/- U T