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Md. Nasiruddin Alam And Ors vs State Of Bihar And Anr on 1 July, 2019

IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9896 of 2015
Arising Out of PS. Case No.-33 Year-2014 Thana- MAHILA PS District- Darbhanga

1. Md. Nasiruddin Alam S/o Abdul Rauf Ansari

2. Md. Noor Alam S/o Late Abdul Rashid

3. Md. Sadre Alam S/o Late Abdul Rashid

4. Sahani Khatoon W/o Md. Sadre Alam

5. Md. Shah Alam S/o Late Md. Noor Alam

6. Md. Shahabuddin S/o Late Md. Noor Alam

7. Nahida Khatoon @ Nahida Parween D/o Md. Noor Alam. All are resident of
village – Bhowara Goa Pokhar, P.S. Town, District – Madhubani.

… … Petitioner/s
Versus

1. State Of Bihar

2. Sadaf Yasmin W/o Md. Nasuruddin Alam Resident of village – Bhowara Goa
Pokhar, P.S. Town, District – Madhubani, At Present resident at Mohalla –
Sara Mohanpur, P.S. Sadar, District – Darbhanga

… … Opposite Party/s

Appearance :

For the Petitioner/s : Mr.Ratanakar Jha, Advocate
For the Opposite Party/s : Mr.Mustaque Alam, A.P.P.

CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR
ORAL JUDGMENT
Date : 01-07-2019

Heard learned counsel for the parties.

2. Petitioners are accused in connection with Mahila

Police Station Case No.33 of 2014, brought by opposite party No.2,

for the offences under Sections 323, Section498A and Section504/Section34 of the Indian

Penal Code as well as Section 3/Section4 of the Dowry Prohibition Act.

3. The petitioners have challenged the order dated

27.10.2014, whereby the learned court below has taken cognizance

against the petitioners for the offences as mentioned above.

Patna High Court CR. MISC. No.9896 of 2015 dt.01-07-2019
2/2

4. Without going into the merit of the case, submission of

learned counsel for the petitioners is that the parties have entered

into compromise and a compromise petition has been brought on

the record through second supplementary affidavit. The

compromise was entered into after filing of this application for

quashing of the cognizance order. After compromise, the

continuance of the proceeding before the court below would

amount to abuse of process of the court.

5. I am also satisfied that considering the nature of

allegation and compromise between the parties, the criminal

proceeding need not continue in the ends of justice. Hence, the

impugned order and the subsequent proceeding before the court

below stands quashed, subject to condition that the court below

shall verify the identity of the informant, as compromise petition is

signed in English and the F.I.R. bears signature of the informant in

Hindi.

Accordingly, this application stands allowed.

(Birendra Kumar, J)
Abhishek/-

AFR/NAFR NAFR
CAV DATE N.A.
Uploading Date 04.07.2019
Transmission Date 04.07.2019

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