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Md. Abu Baker vs State Of Bihar And Anr on 22 April, 2019

IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7775 of 2015
Arising Out of PS. Case No.-93 Year-2014 Thana- SAHARSA District- Saharsa

Md. Abu Baker Son of Md. Jalil, Resident of Village – Patarghat Kothi, P.s. –
Sour Bazar, District – Saharsa.

… … Petitioner/s
Versus

1. The State Of Bihar

2. Kamarjahan D/o Late Abul Kalam, Wife of Md. Abbu Bakar, Resident of
Village – Pataghat Kothi, P.s. – Sour Bazar, District – Saharsa, at present
resident of ward no. 22, Nagar Parishad, Saharsa, P.S. District – Saharsa.

… … Opposite Party/s

Appearance :

For the Petitioner/s : Mr. Amrit Abhijat, Advocate
For the State : Mr. Jharkhandi Upadhyay, APP

CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH
ORAL JUDGMENT
Date : 22-04-2019

Heard learned counsel for the petitioner and learned APP

for the State.

2. The petitioner has moved the Court under Section 482

of the Code of Criminal Procedure, 1973 for the following relief:

” That this is an application for quashing and
setting aside order dated 06.05.2014 passed by
learned Chief Judicial Magistrate, Saharsa in
Saharsa Sadar P.S. Case No. 93 of 2014 taking
cognizance of an offence under Sections
341/323/498A/494/504/506 of the Indian Penal
Code, pending in the Court of learned
S.D.J.M., Saharsa”

3. The allegation against the petitioner, who is the

husband of the opposite party no. 2, is of demand of dowry,

assault, torture and also of threatening.
Patna High Court CR. MISC. No.7775 of 2015 dt.22-04-2019
2/3

4. Learned counsel for the petitioner submitted that

without going into the merits, while seeking bail in another case by

the opposite party no. 2, i.e., Saharsa Mahila P.S. Case No. 55 of

2012, this Court by order dated 05.09.2014 in Cr. Misc. No. 26451

of 2014 had recorded that the opposite party no. 2 was agreeable to

payment of Rs. 1,50,000/- as a one-time-settlement and upon the

same being paid, the petitioner was directed to be released.

Learned counsel drew the attention of the Court to order dated

15.09.2014 passed by the Court below, copy of which has been

brought on record, which indicates that the petitioner was released

after paying through Demand Draft of Rs. 1,50,000/- to the

opposite party no. 2. It was submitted that in the present case also,

taking note of such fact, bail was granted by this Court in Criminal

Miscellaneous No. 26750 of 2014 by order dated 05.09.2014.

Learned counsel submitted that as offence under Section 498A of

the Indian Penal Code is non-compoundable, this Court is required

to interfere in the same, as has been held by the Hon’ble Supreme

court in Gian Singh v. State of Punjab reported as (2012) 10

SCC 303, the relevant being at paragraphs no. 58 and 61. It was

submitted that the same has also been followed by the Hon’ble

Supreme Court in its judgment in State of Maharashtra Thr. CBI
Patna High Court CR. MISC. No.7775 of 2015 dt.22-04-2019
3/3

vs Vikram Anantrai Doshi reported as 2014(10) Scale 690, the

relevant being at paragraph no. 17.

5. Learned APP submitted that in view of the earlier

order of the Court and the petitioner paying Rs. 1,50,000/- to the

opposite party no. 2, which is recorded in the order of the Court

below dated 15.09.2014, the Court may put an end to the criminal

prosecution.

6. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties and taking

into consideration that as was accepted by the opposite party no. 2

for one-time-settlement payment of Rs. 1,50,000/- which has been

given to her, for securing the ends of justice, the criminal

prosecution has to come to an end.

7. Accordingly, the application is allowed. The entire

criminal prosecution arising out of Saharsa Sadar P.S. Case No. 93

of 2014, pending before the Court below at Saharsa, including

order taking cognizance dated 06.05.2014, as far as it relates to the

petitioner, stands quashed.

(Ahsanuddin Amanullah, J)

Anjani/-

AFR/NAFR
U
T

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