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Ajeet Kumar vs State Of Bihar And Anr on 26 March, 2019

IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48584 of 2014
Arising Out of Complaint Case No.-223 Year-2011 Thana- WEST CHAMPARAN
COMPLAINT District- West Champaran

Ajeet Kumar S/o Late Shatrudhan Prasad r/o Haribatika Chowk, Basant Bihar
Sarisawa Road, Bettiah, P.S. Bettiah, P.S. Bettiah (Muffasil), District- West
Champaran.

… … Petitioner/s
Versus

1. State of Bihar

2. Sanyukta Devi W/o Late Rajesh Kumar Barnwal R/o Haribatika Chowk,
Basant Bihar, Sariswa Road, Bettiah, P.S. Bettiah (Muffasil), District- West
Champaran. At present Resident of Village Jamunia, P.S. Bathwariya,
District-West Champaran.

… … Opposite Party/s

Appearance :

For the Petitioner/s : Mr.Bimlesh Kumar Pandey
For the Opposite Party/s : Mr.Jitendra Kumar Singh 1 App

CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN
AMANULLAH
ORAL JUDGMENT
Date : 26-03-2019

Heard learned counsel for the petitioner and learned

A.P.P. for the State.

2. Learned counsel for the petitioner is permitted to

make necessary correction in the first paragraph of the

supplementary affidavit filed on behalf of the petitioner. Let the

same be done during the course of the day.

3. The petitioner has moved the Court under Section

482 of the Code of Criminal Procedure, 1973 for the following

relief:

Patna High Court CR. MISC. No.48584 of 2014 dt.26-03-2019
2/3

“That this is an application for quashing
of the order dated 20.02.2013 passed by learned
S.D.J.M. Bettiah, West Champaran, in S.C. No.
778/2013 (arising out of Complaint Case No. 223
C/2011) whereby and whereunder the learned Court
below has found prima facie case U/S 498A, 376 of
I.P.C. and U/S 3, 4 of D.P. Act and ordered to issue
processes against the accused persons including the
petitioner.”

4. Though, the opposite party no. 2, who is the wife of

the deceased brother of the petitioner had filed the case against the

petitioner and other family members, but during the pendency of

the case, the parties have amicably settled the dispute. In this

regard, a joint affidavit has been filed on behalf o the petitioner

and the opposite party no. 2 and a supplementary affidavit has also

been filed on behalf of the petitioner.

5. As per the said compromise, the value of the share in

the ancestral property of the late husband of the opposite party no.

2 has been assessed and quantified as Rs. 7,50,000/-, which has

been paid to the opposite party no. 2 by way of full and final

settlement of her claim. The same is not disputed by learned

counsel appearing for the opposite party no. 2.

6. Having regard to the aforesaid, the Court finds that

for securing the ends of justice, the present application is fit to be

allowed.

Patna High Court CR. MISC. No.48584 of 2014 dt.26-03-2019
3/3

7. Accordingly, the entire criminal proceeding arising

out of Complaint Case No. 223C of 2011 (S.C. No.

778/2013/685/2014), including the order dated 20.02.2013 by

which cognizance has been taken, as far as it relates to the

petitioner, stands quashed.

(Ahsanuddin Amanullah, J.)

P. Kumar

AFR/NAFR
U
T

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