Remanded

Md. Junaid Ahmad @ Md.Junaid and Ors. v. the State of Bihar and Anr.

Patna HC4 Sept 2012CR. MISC./20626/2011

Case brief

AI extract

What is this about?

The Patna High Court examined a criminal matter involving allegations of torturing and a pending affiliation dispute. The court noted the parties alleged a settlement before a Sub Divisional Judicial Magistrate but rejected passing a merit-based order due to the compromise petition lacking the signature of the opposite party (the complainant).

What did the court decide?

The matter was disposed of by directing the parties to approach the court below to pass an order in accordance with law.

Md. Junaid Ahmad @ Md.Junaid and Ors. Vs the State of Bihar… — Domestic Violence | Patna HC (2012)

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Patna High Court Cr.Misc. No.20626 of 2011 (3) dt.04-09-2012

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Criminal Miscellaneous No.20626 of 2011

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====================================================== 1. Md. Junaid Ahmad @ Md.Junaid, son of Md. Sultan Mallick 2. Md. Sultan Mallick alias Suttan Ahmad, son of late Riya Zul Hassan

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Naushaba Khatoon alias Noor Saba, wife of Md. Sultan Mallick

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Md. Pappu alias Nauman Rashid, son of Md. Haroon

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Md. Asagar alias Ashghar Imam, son of late Md. Khalid.

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Md. Rizawan, Rizwan Rashid, son of Md. Haroon, all resident of Village- Chikasi, P.S. Singauri, District-Patna.

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Md. Guddan, son of Md. Ibrar

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Guria alias Reshma Perveen, wife of Md. Juddan, both resident of Village- Dhamal, P.S. Kurtha, District- Jehanabad

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Md. Saggir, son fo late Md Dawood

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Baby, wife of Md. Saggir, both resident of Village Dakara, P.S. Kurtha, District- Jehanabad 11. Md. Fazil, son of late Md. Kamil, resident of Village- Irki, P.S. Jehanabad, District- Jehanabad. .... .... Petitioner/s Versus

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The State Of Bihar

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Bibi Nazia, wife of Md. Junnaid Ahmad, resident of Village Chekasi, P.S. Singauri, District- Patna, at present residing in the house of Md. Hummau, resident of Village- Arri, P.S. Chandradeep, District- Jamui.

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.... .... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Md.Mushtaque Ahmad Mr. Ajay Kumar-I, Advocate. For the Opposite Party/s : Mr. Md. Harun Quaraishi (for O.P.No.2) Mr. Md. Arif, A.P.P.

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====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER

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3 04-09-2012 Heard learned counsel for the petitioners and learned counsel for the State as well as learned counsel for opposite party no.2.

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This Court vide order dated 13.1.2012 issued notice to opposite party no.2. From the complaint petition it appears that opposite party no.2, Bibi Nazia, was married with one Md. Junaid Ahmad alias Md. Junaid, petitioner

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Patna High Court Cr.Misc. No.20626 of 2011 (3) dt.04-09-2012

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no.1 on 11.12.2010. At the time of marriage the parents of opposite party no2 had given substantial amount as gifts. It has been alleged that petitioners were torturing the complainant physically and mentally for getting more amount from her parents which led to filing of the present case.

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Learned counsel for the petitioners and learned counsel for opposite party no.2 submit that parties have settled their disputes during the pendency of this case. Learned counsel for the petitioners has filed a supplementary affidavit annexing the copy of compromise petition which has been filed before the Sub Divisional Judicial Magistrate, Jamui in Complaint Case No. 732C of 2010 which relates to the present case where it has been stated that with the help of well-wishers and villagers they have settled their dispute and they are not interested to contest the case. It has been further stated that divorce petition is pending and there is likelihood that the Family Court will passé an order in this regard.

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This Court is not passing any order on the merit of the case because neither the affidavit nor the compromise petition bears the signature of opposite party no.2. The

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Patna High Court Cr.Misc. No.20626 of 2011 (3) dt.04-09-2012

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matter is disposed of with a direction that the parties will approach the court below and court below will pass an order in accordance with law.

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Vinay/-

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(Shivaji Pandey, J)

Md. Junaid Ahmad @ Md.Junaid and Ors. v. the State of Bihar and Anr.

Case brief

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Md. Junaid Ahmad @ Md.Junaid and Ors. v. the State of Bihar and Anr.

Case brief

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