IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27223 of 2014
Arising Out of PS. Case No.-1187 Year-0 Thana- NALANDA COMPLAINT CASE District-
1. Md. Equbal, S/o Late Md. Makhdum Ashraf
2. Saira Khatoon, D/o Kalim Mian
3. Md. Golden, S/o Kalan Mian
4. Md. Shazad, S/o Kalan Mian
5. Md. Azad, S/o Kalan Mian
6. Kalan Mian, S/o Not Known, All resident of Mauza Erki, P.O. Erki, P.S. and
Distt. – Jehanabad
… … Petitioner/s
1. The State of Bihar
2. Sakina Khatoon, W/o Md. Equbal, D/o Zaheeruddin, R/o Vill. – Bagwar,
Erki, P.S. / Distt. Nalanda at Present resident of village Andhanna, P.S.
Noorsarai, Distt. – Nalanda
… … Opposite Party/s
For the Petitioner/s : Mr. Ajay Kumar-1, Advocate
For the Opposite Party/s : Mr. Madhuri Lata, APP
CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR
Date : 18-07-2019
Heard the parties.
2. This application, under Section 482 Cr.P.C., is for
quashing the order dated 21.04.2014 passed in Complaint Case
No. 1187(C) of 2013 by the learned Judicial Magistrate, 1st Class,
Bihar Sharif (Nalanda) whereby cognizance has been taken against
the petitioners for offences under Sections 498A, Section188 and Section323/Section34
of the Indian Penal Code.
Patna High Court CR. MISC. No.27223 of 2014 dt.18-07-2019
3. Submission of the parties is that the matter was sent
for mediation and the report of the Mediator would reveal that the
parties have settled their dispute. Both have jointly entered into a
written understanding specifically stating therein that now there is
no grievance with regard to marital life between the parties.
4. In that view of the matter, the continuance of the
criminal proceeding would amount to abuse of the process of the
Court. Hence, the impugned order and subsequent proceeding
arising out of the above complaint case against the petitioners
stands quashed and this application stands allowed.
(Birendra Kumar, J)
CAV DATE N.A.
Uploading Date 21.07.2019
Transmission Date 21.07.2019