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Md. Equbal And Ors vs State Of Bihar And Anr on 18 July, 2019

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-
Nalanda

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
Versus

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

Appearance :

For the Petitioner/s : Mr. Ajay Kumar-1, Advocate
For the Opposite Party/s : Mr. Madhuri Lata, APP

CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR
ORAL JUDGMENT
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
2/2

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)

Kundan/-

AFR/NAFR N.A.
CAV DATE N.A.
Uploading Date 21.07.2019
Transmission Date 21.07.2019

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