IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48924 of 2014
Arising Out of PS. Case No.-552 Year-2014 Thana- SIWAN COMPLAINT CASE District-
Siwan
Dr. Rahmat Ali son of Rustam Ali Resident of Village – Dumaria, Police
Station – Uchakagaon, District – Gopalganj.
… … Petitioner/s
Versus
1. The State Of Bihar
2. Dr. Sehla Rahman D/o Hifzur Rahman R/o Mohalla – Sheikh Mohalla,
(Azad Nagar), P.S. – Town, Dist – Siwan.
… … Opposite Party/s
with
CRIMINAL MISCELLANEOUS No. 6865 of 2015
Arising Out of PS. Case No.-110 Year-2014 Thana- UCHKAGAON District- Gopalganj
Dr. Rahmat Ali @ Rahmat Ali Son of Rustam Ali, Resident of Village –
Dufmaria, P.S. – Uchkagaon, District – Gopalganj and presently posted as a
Doctor in Madan Mohan Malviya Hospital, New Delhi.
… … Petitioner/s
Versus
1. The State Of Bihar
2. Dr. Sehla Rahman, D/o Hifzur Rahman, Resident of Shekh Mohalla, (Azad
Nagar), Town Police Station, District – Siwan.
… … Opposite Party/s
with
CRIMINAL MISCELLANEOUS No. 57918 of 2017
Arising Out of PS. Case No.-110 Year-2014 Thana- UCHKAGAON District- Gopalganj
Dr. Rahmat Ali S/o Rustam Ali, resident of Village- Dumaria, P.S. –
Uchkagaon, District- Gopalganj, presently posted as Medical Officer, Madan
Mohan Malviya Hospital, P.S.- Malviya Nagar, New Delhi.
… … Petitioner/s
Versus
1. The State Of Bihar
2. Dr. Sehla Rahman, D/o Hafzur Rahman, resident of Shekh Mohalla, (Azad
Nagar), Town Police Station- Siwan, District- Siwan.
… … Opposite Party/s
Patna High Court CR. MISC. No.48924 of 2014 dt.28-03-2019
2/4 criminal
Appearance :
(In CRIMINAL MISCELLANEOUS No. 48924 of 2014)
For the Petitioner/s : Mr. Anuj Kumar Sinha, Advocate
For the State : Mr. Jharkhandi Upadhyay, APP
For the O.P. No.2 : Mr. Javed Aslam, Advocate
(In CRIMINAL MISCELLANEOUS No. 6865 of 2015)
For the Petitioner/s : Mr. Anuj Kumar Sinha, Advocate
For the State : Mr. Jharkhandi Upadhyay, APP
For the O.P. No.2 : Mr. Javed Aslam, Advocate
(In CRIMINAL MISCELLANEOUS No. 57918 of 2017)
For the Petitioner/s : Mr. Anuj Kumar Sinha, Advocate
For the State : Mr. Jharkhandi Upadhyay, APP
For the O.P. No.2 : Mr. Javed Aslam, Advocate
CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH
ORAL JUDGMENT
Date : 28-03-2019
Heard learned counsel for the petitioner; learned A.P.P.
for the State and learned counsel for the opposite party no. 2.
2. The petitioner and opposite party no. 2 are same in all
the cases. However, two cases pertain to F.I.R. and a complaint
case and the third relates to an order by the lower Court by which
the provisional bail granted to the petitioner was cancelled in the
police case.
3. The opposite party no. 2 has filed Complaint Case No.
552 of 2014 (T.R. No. 4576 of 2014) in which cognizance has
been taken against the petitioner on 17.05.2014 under Sections
498A, 406 and 323 of the Indian Penal Code. The opposite party
no. 2 has also filed Uchkagaon P.S. Case No. 110 of 2014 (G.R.
No. 1553 of 2014/T. R. No. 3181 of 2017) in which cognizance
has been taken on 09.11.2015 under Sections 323, 406 and 498A
of the Indian Penal Code and 3/4 of the Dowry Prohibition Act.
Patna High Court CR. MISC. No.48924 of 2014 dt.28-03-2019
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4. At the very outset, learned counsel for the parties
drew the attention of the Court to the order recorded on 11.03.2019
which discloses that one time final settlement was reached
between the parties under which the petitioner had agreed to pay
Rs. 12 Lakhs to the opposite party no. 2, out of which Rs. 10
Lakhs had already been paid. With regard to remaining two Lakhs,
learned counsel for the petitioner has produced demand draft in the
name of Shaila Rahman Siddiqui for Rs. 2 Lakhs dated 20.03.2019
bearing no. 023401 drawn on Axis Bank, Okhala Phase-1, New
Delhi. The same has been handed over to learned counsel for the
opposite party no. 2 in Court. Learned counsel for the opposite
party no. 2, who while accepting the draft submitted that as per the
compromise the petitioner having discharged his onus, she had no
objection to both the cases being quashed.
5. Learned A.P.P. for the State does not oppose.
6. Having considered the facts and circumstances of the
case and submissions of learned counsel for the parties and the fact
that the petitioner and opposite party no. 2 are husband and wife
and now they have compromised and settled the dispute among
themselves, the Court finds that for securing the ends of justice,
the criminal cases are required to be closed.
Patna High Court CR. MISC. No.48924 of 2014 dt.28-03-2019
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7. Accordingly, the applications are allowed. The entire
criminal proceeding, including all orders passed, arising out of
Complaint Case No. 552 of 2014 (T.R. No. 4576 of 2014) pending
before the Court below at Siwan and Uchkagaon P.S. Case No. 110
of 2014 (G.R. No. 1553 of 2014/Tr. No. 3181 of 2017) pending
before the Court below at Gopalganj, stand quashed.
(Ahsanuddin Amanullah, J)
s.hassan/-
AFR/NAFR NAFR
U
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