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Abu Baker @ Md. Abubakar vs State Of Bihar And Anr on 22 April, 2019

IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7828 of 2015
Arising Out of PS. Case No.-55 Year-2012 Thana- MAHILA P.S. District- Saharsa

Abu Baker @ Md. Abubakar son of Md. Jalil, Resident of Village- Patarghat,
P.S.- Saur Bazar, District- Saharsa

… … Petitioner/s
Versus

1. The State Of Bihar

2. Kamarjahan D/o Late Abul Kalam, wife of Md. Abbu Bakar, Resident of
village- Pataghat Kothi, P.S.- Sour Bazar, District- Saharsa, at present
resident of ward No. 22, Nagar Parishad, Saharsa, P.S. District- Saharsa

… … Opposite Party/s

Appearance :

For the Petitioner/s : Mr. Amrit Abhijat, Advocate
For the State : Mr. Md. Arif, APP

CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH
ORAL JUDGMENT
Date : 22-04-2019

Heard learned counsel for the petitioner and learned APP

for the State.

2. The petitioner has moved the Court under Section 482

of the Code of Criminal Procedure, 1973 for the following relief:

” That this is an application for quashing and
setting aside order dated 1.7.2013 passed by
learned Chief Judicial Magistrate, Saharsa
taking cognizance of offence under Section
498A/323/506 of the Indian Penal Code and
Section 3/4 of Dowry Prohibition Act, 1987 in
Saharsa Mahila P.S. Case No. 55 of 2012,
pending in the Court of learned S.D.J.M.,
Saharsa.”

3. The allegation against the petitioner, who is the

husband of the opposite party no. 2, is of demand of dowry,

assault, torture and also of threatening.
Patna High Court CR. MISC. No.7828 of 2015 dt.22-04-2019
2/3

4. Learned counsel for the petitioner submitted that

without going into the merits, while seeking bail in the case, this

Court by order dated 05.09.2014 in Cr. Misc. No. 26451 of 2014

had recorded that the opposite party no. 2 was agreeable to

payment of Rs. 1,50,000/- as a one-time-settlement and upon the

same being paid, the petitioner was directed to be released.

Learned counsel drew the attention of the Court to order dated

15.09.2014 passed by the Court below, copy of which has been

brought on record, which indicates that the petitioner was released

after paying through Demand Draft Rs. 1,50,000/- to the opposite

party no. 2. Learned counsel submitted that as offence under

Section 498A of the Indian Penal Code is non-compoundable, this

Court is required to interfere in the same, as has been held by the

Hon’ble Supreme court in Gian Singh v. State of Punjab reported

as (2012) 10 SCC 303, the relevant being at paragraphs no. 58 and

61. It was submitted that the same has also been followed by the

Hon’ble Supreme Court in its judgment in State of Maharashtra

Thr. CBI vs Vikram Anantrai Doshi reported as 2014(10) Scale

690, the relevant being at paragraph no. 17.

5. Learned APP submitted that in view of the earlier

order of the Court and the petitioner paying Rs. 1,50,000/- to the

opposite party no. 2, which is recorded in the order of the Court
Patna High Court CR. MISC. No.7828 of 2015 dt.22-04-2019
3/3

below dated 15.09.2014, the Court may put an end to the criminal

prosecution.

6. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties and taking

into consideration that as was accepted by the opposite party no. 2

for one-time-settlement payment of Rs. 1,50,000/- which has been

given to her, for securing the ends of justice, the criminal

prosecution has to come to an end.

7. Accordingly, the application is allowed. The entire

criminal prosecution arising out of Saharsa Mahila P.S. Case No.

55 of 2012, pending before the Court below at Saharsa, including

the order taking cognizance dated 01.07.2013, as far as it relates to

the petitioner, stands quashed.

(Ahsanuddin Amanullah, J)

Anjani/-

AFR/NAFR
U
T

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