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Kumar Abhishek vs The State Of Bihar on 17 July, 2019

IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15226 of 2016
Arising Out of PS. Case No.-71 Year-2015 Thana- DEEPNAGAR District- Nalanda

1. Mira Devi W/o Sri Dinesh Kumar Singh

2. Dinesh Kumar Singh S/o Sri Bhagwati Prasad Singh
Both Residents of Mohalla – Barmasiya, Chiraiya Ghat P.S. Town Giridih,
District – Giridih.

… … Petitioner/s
Versus

1. The State Of Bihar

2. Ritu Kumari W/o Abhishek, D/o Ramnandan Singh Resident of village-

Pawa, P.S-Deepnagar, P.O-Pawa, Dist.-Nalanda

… … Opposite Party/s

with
CRIMINAL MISCELLANEOUS No. 16694 of 2016
Arising Out of PS. Case No.-71 Year-2015 Thana- DEEPNAGAR District- Nalanda

Kumar Abhishek S/o Sri Dinesh Kumar resident of Mohalla- Barmasiya,
Chiraiya Ghat, P.S. Town Giridih, District- Giridih.

… … Petitioner/s
Versus
The State Of Bihar

… … Opposite Party/s

Appearance :

(In CRIMINAL MISCELLANEOUS No. 15226 of 2016)
For the Petitioner/s : Mr.Bipin Kumar, Adv
For the Opposite Party/s : Mr.P.K.Jha, APP
(In CRIMINAL MISCELLANEOUS No. 16694 of 2016)
For the Petitioner/s : Mr.Bipin Kumar, Adv
For the Opposite Party/s : Mr.T.P.Mandal ,APP

CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR
ORAL JUDGMENT
Date : 17-07-2019
Heard learned counsel for the parties in both the

applications.

2. The petitioners have challenged the order of

cognizance dated 27.10.2015 passed in Deep Nagar P.S.Case
Patna High Court CR. MISC. No.15226 of 2016 dt.17-07-2019
2/2

No.71 of 2015 by the learned Judicial Magistrate-1st Class,

Biharsharif, whereunder cognizance has been taken against the

petitioners for offences under Sections 323, 308, 498A/34 I.P.C.

and 3/4 D.P.Act.

3. Submission is that during pendency of these

applications, the parties have entered into a compromise and they

have settled their disputes and the informant has expressed his

desire to not to proceed with the case vide compromise petition at

Annexure-7 to the supplementary affidavit. Hence, continuance of

the criminal prosecution would amount to the abuse of the process

of the court.

4. Finding substance in the submission aforesaid, the

impugned order stands quashed and both the applications stand

allowed.

(Birendra Kumar, J)

Nitesh/-

AFR/NAFR NAFR
CAV DATE NA
Uploading Date 20.07.2019
Transmission Date 20.07.2019

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