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Awadh Kishore Thakur & Ors vs State Of Bihar & Anr on 26 April, 2018

IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.47504 of 2014
Arising Out of PS. Case No.-1202 Year-2008 Thana- PATNA COMPLAINT CASE District-
Patna

1. Awadh Kishore Thakur son of Late Bhonu Thakur

2. Ravi Ranjan, son of Awadh Kishore Thakur,

3. Archana Ranjan, wife of Ravi Ranjan, All are resident of Khetan
Lane, West Boring Canal Road, P.S. Sri Krishnapuri, District-
Patna

… … Petitioner/s
Versus

1. The State of Bihar

2. Richa Singh, daughter of Rudra Narain Singh, Resident of 39, Defence
Colony, Via- Khagari, P.S.- Danapur, District- Patna

… … Opposite Party/s

Appearance :

For the Petitioner/s : Mr. Jitendra Nath Tiwary
For the Opposite Party/s : Mr. Narendra Kumar Singh(App)

CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA
ORAL JUDGMENT
Date : 26-04-2018
The petition under Section 482 Cr. P.C. has been filed for

quashing of the criminal prosecution initiated by order dated

5.5.2009 in complaint case no. 1202 ( C) of 2008 by which the

learned SDJM, Danapur took cognizance against five accused

persons including the petitioners named in the complaint

petition under Sections 498A and 323 of the IPC.

Learned counsel for the petitioners has submitted that

husband and wife has already taken divorce with mutual

consent in the Court of California vide Annexures 6 and 7.

They have settled all the dispute between them including the

economic settlement . The petitioners are distant relations of the
Patna High Court Cr.Misc. No.47504 of 2014 dt.26-04-2018
2/3

complainant . It is mentioned in the instant petition in para 9

that complainant is a cousin sister of the petitioner no.2 and

petitioner no.3 is married sister-in-law of the complainant.

Petitioner no.1 is said to be mediator in the marriage. He is

aged about 75 years.

A report along with Xerox copy of the entire up-to-date

order sheet was called for from the Court below which has been

received from which it is apparent that accused persons now

appeared before the Court and by order dated 13.4.18 the Court

has directed the office clerk to make the case record seen by the

lawyers of both the parties so that the further proceeding of the

case may take place.The next date is 23.4.18. From the order

sheet of the Court below it appears that complainant has

remained absent on several dates. The petitioners have always

been represented by the lawyer. Learned counsel for the

petitioners has pointed out order dated 5.5.16 of the Court below

from which it appears that the complainant has received an

amount of Rs. 11 lacs vide draft no. 036296 drawn on HDFC

Bank in pursuance of the agreement entered into between the

complainant and her husband.

In such circumstances, continuance of the criminal

proceeding against these petitioners is mere harassment to
Patna High Court Cr.Misc. No.47504 of 2014 dt.26-04-2018
3/3

them and abuse of the process of law. Therefore, the impugned

order dated 5.5.2009 passed by SDJM, Danapur in complaint

case no. 1202 ( C) of 2008 along with the entire criminal

proceedings against these petitioners is quashed and set aside.

The Cr. Misc. petition is allowed.

(Sanjay Priya, J)
shyambihari/-

AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 3.5.18
Transmission Date 3.5.18

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