Sheorati Devi & Ors vs State Of Bihar & Anr on 10 October, 2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44850 of 2014
Arising Out of PS.Case No. -655 Year- 2013 Thana -PATNA COMPLAINT CASE District-
PATNA

1. Sheorati Devi, W/o Sunil Rabbani

2. Shambhu Rabbani @ Shambhu Kumar

3. Sabera Kumari
Both Son and daughter of Sunil Rabbani R/o village- Nayatola Simri, P.S. and
P.O.- Bakhtiyarpur and District- Patna.

…. …. Petitioner/s
Versus

1. The State of Bihar

2. Vibha Devi W/o Akhlesh Rabani and Daughter of Ram Chritra Ram resident of
village- Mode, P.S.- Mokamah and Distt.- Patna

…. …. Opposite Party/s
with

Criminal Miscellaneous No. 1648 of 2015
Arising Out of PS.Case No. -655 Year- 2013 Thana -PATNA COMPLAINT CASE District-

PATNA

Akhilesh Rabbani, Son of Bhikhari Mahto, Resident of Village – Naya Tola Simri,
P.S and P.O- Bakhtiyarpur and District – Patna.

…. …. Petitioner/s
Versus

1. The State of Bihar

2. Vibha Devi Wife of Akhlesh Rabani and daughter of Ram Chritra Ram Resident
of village- Mode, P.S- Mokamah and District – Patna

…. …. Opposite Party/s

Appearance :

(In Cr.Misc. No.44850 of 2014)
For the Petitioner/s : Mr. Md. Abu Haidar, Adv.
For the Opposite Party no.1: Mr.Tapeshwar Sharma, APP.
(In Cr.Misc. No.1648 of 2015)
For the Petitioner/s : Mr. Md. Abu Haidar, Adv.
For the Opposite Party no.1 : Mr. Sanjay Kumar Tiwray-1, APP

CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
ORAL JUDGMENT
Date: 10-10-2017

Learned counsel for the petitioners, at the outset,
Patna High Court Cr.Misc. No.44850 of 2014 dt.10-10-2017 2

submits that the parties have now settled their dispute and wife and

husband are living together.

The petitioners are seeking quashing of the order dated

17.01.2017 passed by learned S.D.J.M., Barh in Complaint Case

No.655(C) of 2013 by which the learned S.D.J.M. has taken

cognizance of the offence under Section 498A of the Indian Penal

Code and issued summons against the petitioners.

Learned counsel submits that in Cr.Misc.No.44850 of

2014 the petitioner no.1 is the mother-in-law, petitioner no.2 is the

Devar and petitioner no.3 is Nanad of the opposite party no.2,

whereas in Cr.Misc. No.1648 of 2015 the petitioner is the husband of

the opposite party no.2.

Since the quashing of the criminal proceeding has been

sought at this stage on the ground of a compromise and settlement

between the wife and husband and it is stated that the matrimonial

peace has already been taken place, in absence of the opposite party

no.2 instead of interfering with the order taking cognizance, this Court

is of the opinion that let the learned Magistrate fix the complaint case

for evidence before charge if the parties have already appeared and

take up the matter on day-to-day basis where the parties shall

cooperate in final disposal of the complaint case itself.

Both the applications are disposed off with the
Patna High Court Cr.Misc. No.44850 of 2014 dt.10-10-2017 3

observations and directions made above.

(Rajeev Ranjan Prasad, J)

Arvind/-

AFR/NAFR
CAV DATE
Uploading Date 12.10.2017
Transmission 12.10.2017
Date

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