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Abhishek Sinha vs State Of Bihar And Anr on 31 July, 2019

IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32338 of 2016
Arising Out of PS. Case No.-1468 Year-2015 Thana- MADHUBANI COMPLAINT CASE
District- Madhubani

1. Vivek Sinha son of Sri Bipin Bihari Prasad

2. Sweety Sinha @ Sweety Kumari wife of Vivek Sinha
Both are resident of village-‘Abhinandan ‘ Sidharthpuri Colony, Road No. 1,
P.S. Manpur, District-Gaya

… … Petitioner/s
Versus

1. The State Of Bihar

2. Kumari Aparajita W/o Abhishek Singh D/o Laxman Prasad resident of
Mohalla- Kirtan Bhawan Road, Ward No. 18, P.S.+ Distt. Madhubani

… … Opposite Party/s

with
CRIMINAL MISCELLANEOUS No. 40089 of 2016
Arising Out of PS. Case No.-1468 Year-2015 Thana- MADHUBANI COMPLAINT CASE
District- Madhubani

1. Aniket Sinha Son of Sri Bipin Bihari Prasad

2. Meena Rani Sinha Wife of Sri Bipin Bihari Prasad
Both are resident of Village- Abhinandan, Sidharthpuri Colony, Road No. 1,
PS Manpur, Distt Gaya.

… … Petitioner/s
Versus

1. The State Of Bihar

2. Kumari Aparajita wife of Abhishek Sinha, D/o Laxman Prasad Resident of
Mohalla- Kirtan Bhawan Road, Ward No. 18, PS +District Madhubani.

… … Opposite Party/s

with
CRIMINAL MISCELLANEOUS No. 40950 of 2016
Arising Out of PS. Case No.-1468 Year-2015 Thana- MADHUBANI COMPLAINT CASE
District- Madhubani

1. Nisha Sinha wife of Dr. Vivek Sinha Resident of Mohalla- 186, 2nd Block,
3rd Cross, HMT, Layout, Vidya Ranyapura, Distt- Bangalore- 560097,
State- Karnataka.

2. Bipin Bihari Prasad son of Late Dwarka Prasad Resident of Mohalla-

Abhinandan, Sidharthpuri Colony, Road No.1 Manpur, District- Gaya.
Patna High Court CR. MISC. No.32338 of 2016 dt.31-07-2019
2/3

… … Petitioner/s
Versus

1. The State Of Bihar

2. Kumari Aparajita wife of Abhishek Sinha, D/o Laxman Prasad Resident of
Mohalla- Kirtan Bhawan Road, Ward No.18, P.S.District- Madhubani.

… … Opposite Party/s

with
CRIMINAL MISCELLANEOUS No. 50287 of 2016
Arising Out of PS. Case No.-1468 Year-2015 Thana- MADHUBANI COMPLAINT CASE
District- Madhubani

Abhishek Sinha Son of Sri Bipin Bihari Prasad resident of Village-
Abhinandan, Sidharthpuri Colony, Road No. 1, PS Manpur, Distt Gaya.

… … Petitioner/s
Versus

1. The State Of Bihar

2. Kumari Aprajita D/o Laxman Prasad, W/o Abhishek Sinha R/o Mohalla-

Kirtan Bhawan Road, Ward No. 18 P.S. District Madhubani.

… … Opposite Party/s

Appearance :

(In all matters)
For the Petitioner/s : Mr. Kamla Prasad Roy, Advocate
Mr. Satya Ranjan Sinha, Advocate
Smt. Seema Kumari, Advocate
For the Opposite Party/s : Mr. Shyam Kumar Singh, APP

CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR
ORAL JUDGMENT
Date : 31-07-2019

Heard learned counsel for the parties.

2. All the aforesaid criminal miscellaneous

applications have been filed for quashing the order of

cognizance dated 13.05.2016 passed by learned Sub-Divisional

Judicial Magistrate, Madhubani, in Complaint Case No.1468 of
Patna High Court CR. MISC. No.32338 of 2016 dt.31-07-2019
3/3

2015 brought by Opposite Party No.2. Cognizance has been

taken for offences under Sections 323/Section498A of the Indian Penal

Code and Sections 3/Section4 of the Dowry Prohibition Act. The

different accused of the aforesaid case have filed separate

petition for quashing of the cognizance.

3. Common ground in all the applications aforesaid

is that the parties have entered into a compromise and

matrimonial life has been restored in pursuance of the

compromise. A copy of the compromise petition filed before

the Court-below is at Annexure-2 to the supplementary affidavit.

4. After compromise in a matrimonial dispute

continuance of criminal proceeding would amount to an abuse

of the process of the Court.

5. Hence, the impugned order and the subsequent

proceeding arising out of impugned order stands quashed and

the applications aforesaid stand allowed.

(Birendra Kumar, J)
Mkr./-

AFR/NAFR NAFR
CAV DATE NA
Uploading Date 01.08.2019
Transmission Date 01.08.2019

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