Two criminal miscellaneous petitions seeking quashing of criminal proceedings were disposed of by the Patna High Court. The parties agreed the matters were sorted out, resulting in the setting aside of all impugned orders.
Both applications allowed; all proceedings including orders of cognizance dated 7.5.2012 and 4.8.2012 set aside.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.3699 of 2014
Arising Out of PS.Case No. -3308 Year- 2011 District- PATNA
====================================================== 1. Guddu Kumar Son of Shankar Sao, Resident of Mohalla - Malahchak, P.S. and District - Jehanabad
.... .... Petitioner/s
Versus
.... .... Opposite Party/s
====================================================== With Criminal Miscellaneous No.20585 of 2014
Arising Out of PS.Case No. -137 Year- 2011 Thana -JAHANABAD District- JEHANABAD ====================================================== 1. Dharmendra Sao S/o Sri Binod Sao
.... .... Petitioner/s Versus
.... .... Opposite Party/s ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER
3 12-08-2014 The Petitioners seek quashing of the entire proceeding including the order of cognizance dated 7.5.2012 passed by the Judicial Magistrate, 1st class, Patna in Complaint case No.3308C of 2011 as also the order of cognizance dated 4.8.2012 passed by the Chief Judicial Magistrate, Jehanabad in Complaint case No.983 of 2011 giving rise to Jehanabad P.S. case No.137 of 2011.
Patna High Court Cr.Misc. No.3699 of 2014 (3) dt.12-08-2014
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Today the parties agree that the matter has been sorted out and, therefore, they have no objection if the proceedings are set aside.
In view of such understanding, both the applications are allowed and the entire proceedings including the order of cognizance dated 7.5.2012 passed by the Judicial Magistrate, 1st class, Patna in Complaint case No.3308C of 2011 as also the order of cognizance dated 4.8.2012 passed by the Chief Judicial Magistrate, Jehanabad in Complaint case No.983 of 2011 giving rise to Jehanabad P.S. case No.137 of 2011 are hereby set aside.
The parties are directed to ensure that they will give proper respect to their spouse so that there is no further complication in the matter.
(Anjana Prakash, J)
Narendra/-
U T
Guddu Kumar
Sumangli Devi
The State Of Bihar
Dharmendra Sao
Binod Sao
Rekha Devi
Anjana Prakash
As recorded by the court registry
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