IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15313 of 2015
Arising Out of PS. Case No.-910 Year-2014 Thana- JEHANABAD COMPLAINT CASE
District- Jehanabad
1. Subodh Bharti S/o Nagendra Bharti
2. Nagendra Bharti@Narendra Bharti S/o Late Ram Lagan Bharti
3. Ashok Bharti S/o Nagendra Bharti
4. Santosh Bharti S/o Nagendra Bharti
5. Puspa Devi W/o Santosh Bharti
6. Chritlekha Devi @Chitra Rekha Devi w/o Ashok Bharti
All resident of Mohalla- Gosiemath , P.S – Nagarnausa, Distt- Nalanda.
… … Petitioner/s
Versus
1. State Of Bihar
2. Baby Devi W/o Subodh Bharti, D/o Sarju Giri R/o Vill- Bisumpur, P.S
Sakurabad, Distt- Jehanabad. At present R/o Atma Ram House No. 144,
Mohalla- Bailana Airport P.O. Bailana, P.S 32 Sector, Chandigarh Panjab
… … Opposite Party/s
Appearance :
For the Petitioner/s : Mr.Md. Mushtaque Alam, Adv
For the State : Mrs.Dr. Indiwar Kumari,APP
For the O.P. : Mr.Humayu A.Khan, Adv
CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR
ORAL JUDGMENT
Date : 08-01-2020
Heard learned counsel for the parties.
2. This application under Section 482 Cr.P.C. is for
quashment of order of cognizance dated 16.12.2014 passed in
Complaint Case No.910 of 2014 whereby the learned Judicial
Magistrate 1st Class, Jehanabad has taken cognizance against the
petitioners for offences under Sections 498A I.P.C. and 3/4 of the
Dowry Prohibition Act.
Patna High Court CR. MISC. No.15313 of 2015 dt.08-01-2020
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3. Opposite party No.2, who is wife of petitioner-
Subodh Bharti, has already appeared through vakalatnama.
4. Learned counsel for the parties submits that cordial
relation has prevailed between the two spouse and the parties have
amicably settled their scope outside the Court.
5. In the circumstance, continuance of criminal
proceeding would amount to abuse of the process of the Court.
6. Settlement of dispute between family members
especially the matrimonial dispute cases is a good ground for
quashment of the criminal prosecution for the reason that
continuance of the criminal proceeding would be hindrance to
restoration of harmony. Hence, the impugned order and entire
subsequent proceeding stand hereby quashed and this application
is allowed.
(Birendra Kumar, J)
Nitesh/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 09.01.2020
Transmission Date 09.01.2020
