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Subodh Bharti And Ors vs State Of Bihar And Anr on 8 January, 2020

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 [email protected] 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
2/2

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

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