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Dharmbir Mahto vs The State Of Bihar on 16 September, 2019

IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25894 of 2019
Arising Out of PS. Case No.-176 Year-2016 Thana- PATLIPUTRA District- Patna

1. Dharmbir Mahto, Son of Late Munni Mahto,

2. Sushila Devi, Wife of Dharmbir Mahto

3. Abhishek Kumar,

4. Kumari Abhilasha,

5. Avinash Kumar @ Avinash Anand,
3 to 5 are sons and daughter of Dharmbir Mahto
All are resident of Mohalla Rahamganj, Near Naka No.1, P.S – Darbhanga
(Town), District – Darbhanga
At present petitioner no. 3 is residing at C/o Subrat Kumar Biswas Kalna
Road, Sakipara Loco More, Near Canara Bank, P.S. – Bardhwan Sadar,
District – Bardhwan (West Bengal)
… … Petitioner/s
Versus

1. The State of Bihar

2. Anupama Kumari @ Babita Chaudhary, Wife of Abhishek Kumar, Daughter
of Late Bhagwan Chaudhary, Resident of House No. 285/3E New Patliputra
Colony, P.S. – Patliputra, District – Patna, At present, Resident of C/o Subrat
Kumar Biswas, Kalna Road, Sakipara Loco More, Near Canara Bank, P.S –
Bardhwan Sadar, District – Bardhwan (West Bengal)
… … Opposite Party/s

Appearance :

For the Petitioner/s : Mr. Rajesh Kumar Mishra, Advocate
For the Opposite Party/s : Mr. Bharat Bhushan, APP156

CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR
ORAL JUDGMENT
Date : 16-09-2019

Heard the parties.

This is a case under Section 498A of the Indian Penal

Code. This application is for quashment of FIR of Patliputra P.S.

Case No. 176 of 2016 registered under Sections 498A, Section313, Section307,

Section494/Section34 of the Indian Penal Code as well as Sections 3 and Section4 of the

Dowry Prohibition Act.

Patna High Court CR. MISC. No.25894 of 2019 dt.16-09-2019
2/2

Submission of learned counsel for the petitioners is that

when the matter of anticipatory bail of petitioner no. 3 Abhishek

Kumar, who is husband of opposite party no. 2, was being

considered in Cr. Misc. No. 25166 of 2017, both parties informed

the Court that they are happily living together as husband and wife

and they have settled their scores. A copy of the order dated

06.10.2017 passed in Cr. Misc. No. 25166 of 2017 is at Annexure-

2.

Submission is that still good relation between the spouse

is prevailing and both are living together. In the circumstance, the

FIR and subsequent criminal proceeding would amount to abuse of

the process of the Court.

Considering the factual position aforesaid especially the

nature of allegation and compromise of the case between the

parties, let the FIR of Patliputra P.S. Case No. 176 of 2016 be

quashed to secure the ends of justice. This application stands

allowed, accordingly.

(Birendra Kumar, J)

Kundan/-

AFR/NAFR N.A.
CAV DATE N.A.
Uploading Date 18.09.2019
Transmission Date 18.09.2019

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