Renu Sinha & Ors vs State Of Bihar & Anr on 23 November, 2017

IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No. 15162 of 2014
Arising out of P.S. Case No. – 911 Year – 2013 Thana – GAYA COM PLAINT CASE District – GAYA

1. Renu Sinha, Wife of Late Mithelesh Kumar Singh

2. Kavita Sinha @ Kavita Choudhary, W/O Niraj Kumar

3. Anamika @ Sweety, W/O Santosh Kumar

4. Kamla Prasad Sinha @ Kamla Prasad Singh, S/O Late Basudeo Narayan Singh
All resident of Mohalla – Mohan Nagar, Koili Pokhar, P.S. – Rampur,
District – Gaya.

…. …. Petitioners
Versus

1. The State of Bihar

2. Dr. Madhu, W/O Dr. Pankaj Kumar, D/o K. N. Singh, Resident of Quarter No. –
1014, P.S. Sector – 4C, Bokaro Steel City, Sector – 4, District – Bokaro
(Jharkhan) At present residing at – Maternity Home, Durga Kund, Near C.H.O.
Office, Varanashi (U.P.)
…. …. Opposite Parties
With

Criminal Miscellaneous No. 20789 of 2014
Arising out of P.S. Case No. – 94 Year – 2013 Thana – GAYA COM PLAINT CASE District – GAYA

Dr. Pankaj Kumar @ Pankaj Kumar, S/O Late Mithilesh Kumar Singh, Resident o f
Mohalla – A.P. Colony, P.S. – Rampur, District – Gaya.

…. …. Petitioner
Versus

1. The State of Bihar.

2. Dr. Madhu, W/O Dr. Pankaj Kumar, D/o Dr. K.N. Singh, resident of Quarter
No. 1014, Sector – 4C, Bokaro Steel City, Sector – 4, District – Bokaro
(Jharkhand), At present residing at – Maternity Home, Durga Kund, Near
C.H.O. Office, Varanashi (U.P.)
…. …. Opposite Parties

Appearance:

(In Cr. Misc. No.15162 of 2014)
For the Petitioner : Mr. Krishna Prasad Singh, Sr. Advocate
Mrs. Meena Singh, Advocate
For the Opposite Party No. 2 : Mr. Priyank Deepak, Advocate
For the State : Mrs. Anita Singh, A.P.P.

(In Cr. Misc. No. 20789 of 2014)
For the Petitioner : Mr. Krishna Prasad Singh, Sr. Advocate
Mrs. Meena Singh, Advocate
For the Opposite Party No. 2 : Mr.
For the State : Mrs. Anita Singh, A.P.P.

CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR
ORAL JUDGMENT
Date: 23-11-2017
Patna High Court Cr.M isc. No.15162 of 2014 dt.23-11-2017

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Heard learned counsel for the parties.

Both the aforesaid criminal miscellaneous petitions have

been filed by the accused persons of Complaint Case No. 911 of 2013

brought by opposite party no. 2 for offence under Section 498A of the

Indian Penal Code and Section 4 of the Dowry Prohibition Act.

Both applications, under Section 482 Cr.P.C., were

preferred against the order of cognizance dated 16.07.2013 passed by

the learned Sub-Divisional Judicial Magistrate, Gaya.

Submission of the learned counsel for the parties is that they

have entered into a compromise, hence, continuance of criminal

proceeding would amount to an abuse of the process of the Court.

Considering the nature of allegation and factum of

compromise, the continuance of criminal proceeding would amount to

an abuse of the process of the Court.

Hence, for substantial justice, the impugned orders stand

quashed and both the applications are allowed.

(Birendra Kumar, J)
Kundan/-

AFR/NAFR N.A.
CAV DATE N.A.
Uploading Date 25.11.2017
Transmission
Date 25.11.2017

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