Ugan Paswan and Ors.versusState Of Bihar and Anr

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14287 of 2016
                  Arising Out of PS. Case No.-13994 Year-2014 Thana- BEGUSARAI COMPLAINT CASE
                                                    District- Begusarai
                 ======================================================
                 1. Ugan Paswan
                 2. Rajesh Paswan
                 3. Rakesh Kumar Paswan
                 4. Amaresh Paswan
                         All sons of Late Ramprit Paswan, resident of Kewata Tola, Piparpati,
                         P.S.- Dalsingsarai, Dist.- Samastipur.

                                                                            ... ... Petitioner/s
                                                    Versus
                 1. State of Bihar
                 2. Ram Sumaran Paswan, son of Late Chhathu Paswan, resident of Bihat Tola,
                 P.S.- Barauni, Dist.- Begusarai.
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Dharmesh Kumar Shrivastava, Adv.
                 For the State          :      Ms. Pushpa Sinha No. 2, APP
                 For the O.P. No. 2     :      Mr. Girish Chandra Jha, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
                                       ORAL ORDER

4   16-02-2026                   The instant petition has been filed under section 482

                   of the Code of Criminal Procedure with a prayer to quash the

                   order dated 22.11.2014 passed by the court of learned Judicial

                   Magistrate 1st class, Begusarai, in Complaint Case No. 13994(C)

                   of 2014, taking cognizance of the offences punishable under

                   sections 147, 323, 504 and 379 of the Indian Penal Code (in

                   short, ‘IPC’) and the petitioners have been summoned for these

                   offences.

                                 2. Heard Mr. Dharmesh Kumar Shrivastava, learned

                   counsel for the petitioners, Ms. Pushpa Sinha No. 2, learned

                   APP for the State and Mr. Girish Chandra Jha, learned counsel
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          for the O.P. No. 2.

                       3. Learned counsel appearing for the petitioners

          submits that the petitioners’ sister, Vina Kumari, was married on

          27.01.2012 with one Sujeet Kumar, son of the O.P. No. 2 and

          after few months, dispute arose in between them and thereafter,

          in respect of the allegations of cruelty and other offences,

          Dalsingsarai P.S. Case No. 225 of 2014 was lodged by the sister

          of the petitioners against her father-in-law (O.P. No. 2) and

          others. After gaining the knowledge of the said police case, the

          father-in-law (O.P. No. 2) of Vina Kumari, filed Complaint

          Case No. 13994(C) of 2014 with malicious intention to terrorise

          the brother and father of Vina Kumari and besides filing the said

          Complaint Case, the husband of Vina Kumari also filed a

          divorce case bearing Matrimonial Suit No. 31/2014 against the

          wife Vina Kumari and now with the help of well-wishers, both

          the parties have entered into a compromise, pursuant to which

          the matrimonial suit filed by the husband of Vina Kumari has

          been decreed and the case filed by Vina Kumari against the O.P.

          No. 2 has also been compromised and in this regard,

          compromise petition filed by both the parties is available with

          him and the same is being produced before this Court and the

          same may be perused.
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                                  4. Learned counsel for the informant (O.P. No. 2)

                     accepts the above-mentioned factum of compromise and the

                     dissolution of marriage between the said Vina Kumari and her

                     husband and also accepts the filing of the compromise petition

                     along with the affidavit.

                                  5. Considering the aforesaid submissions and mainly

                     the good relation having been restored between both the parties

                     and also taking into account that the O.P. No. 2 filed the

                     complaint case after the institution of Dalsingsarai P.S. Case No.

                     225/2014 by his daughter-in-law Vina Kumari, this Court finds

                     that subjecting the petitioners to trial for the alleged offences, of

                     which cognizance has been taken, would be completely

                     harassment to them and further, the initiation of criminal

                     proceedings against the petitioners by the O.P. No. 2 also

                     appears to be made with malicious intention. Accordingly, the

                     order impugned taking cognizance of the alleged offences is

                     hereby set aside and the subsequent criminal proceedings

                     against the petitioners in the light of the said order is also hereby

                     quashed. In the result, the instant criminal miscellaneous

                     petition stands allowed.


                                                             (Shailendra Singh, J)
annu/-
U      T