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:
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“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.
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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