Allowed

Vijay Laxmi and Anr. v. State Of Bihar and Anr.

Patna HC10 Oct 2014CR. MISC./620/2014

Case brief

AI extract

What is this about?

Petitioners sought quashing of criminal proceedings arising from a partition dispute. The parties agreed to resolve differences via civil means. The court allowed the application and quashed all relevant criminal proceedings.

What did the court decide?

The application was allowed; the entire proceeding including the order of cognizance dated 01.06.2013 in Complaint Case No. 3541(C) of 2012 and proceedings in CS Cases Nos. 375 and 63 of 2012 were set

Vijay Laxmi and Anr. Vs State Of Bihar and Anr. — Writ and Judicial Review | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 620 of 2014

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Arising out of P.S. Case No. -3541 Year- 2012 Thana -PATNA COMPLAINT CASE District- PATNA

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Vijay Laxmi W/o Sri Brij Kumar Singh Resident of Village Ara, Infront of Jain Mala School Near Dharohra, Police Station Town Thna, District Bhojpur.

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Brij Kumar Singh S/o Late Babu Dhar Prsad Resident of Village Ara, Infront of Jain Mala School Near Dharohra, Police Station Town Thana, District Bhojpur. .... .... Petitioner/s Versus

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The State of Bihar.

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Jay Laxmi W/o Arun Kumar Resident of Mohalla North Natraj Gali, Bakerganj, Ashok Raj Path, Police Station Pirbahore, District Patna. .... .... Opposite Party/s

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===================================================

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with

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Criminal Miscellaneous No. 636 of 2014

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Arising out of P.S. Case No. -3541 Year- 2012 Thana -PATNA COMPLAINT CASE District- PATNA

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===================================================

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Shubh Laxmi W/o Mr. Ranjit Kumar Resident of Ashopur Road, Infront of R.D.S. High School, Police Station Shahpur (Danapur), District Patna.

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Shourya Kumar @ Mannu @ Shourya S/o Mr. Ranjit Kumar Resident of Ashopur Road, Infront of R.D.S. High School, Police Station Shahpur (Danapur), District Patna.

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Akash Kumar @ Chiku S/o Mr. Ranjit Kumar Resident of Ashopur Road, Infront of R.D.S. High School, Police Station Shahpur (Danapur), District Patna. .... .... Petitioner/s Versus

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The State of Bihar.

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Jay Laxmi W/o Arun Kumar Resident of Mohalla North Natraj Gali, Bakerganj, Ashok Raj Path, Police Station Pirbahore, District Patna. .... .... Opposite Party/s

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=================================================== Appearance :

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(In Cr.Misc. No. 620 of 2014)

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For the Petitioner/s : Mr. Arshad Jameel Hashmi, Adv. For the Opposite Party/s: Mr. Arun Kumar Panday (APP) (In Cr.Misc. No.636 of 2014)

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For the Petitioner/s : Mr. Arshad Jameel Hashmi, Adv. For the Opposite Party/s : Mr. Arun Kumar Pandey (APP)

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===================================================

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CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER

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04. 10.10.2014 The Petitioners seek quashing of the entire proceeding including the order of cognizance dated 01.06.2013 passed by the Judicial Magistrate, 1^st Class, Patna in Complaint Case No. 3541(C) of 2012.

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Patna High Court Cr.Misc. No.620 of 2014 (4) dt.10-10-2014

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It appears that on account of a Partition dispute in the family two cases were instituted by the Petitioner, Shubh Laxmi i.e. Pirbahore P.S. Case No. 375 of 2012 and Pirbahore P.S. Case No. 63 of 2013 and one by the present Complainant. All are of minor offences.

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Now the parties agree that they will sort out their differences through civil means and agree to setting aside all the criminal prosecutions.

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In view of such agreement, the application is allowed and the entire proceeding including the order of cognizance dated 01.06.2013 passed by the Judicial Magistrate, 1^st Class, Patna in Complaint Case No. 3541(C) of 2012, is, hereby, set aside.

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Also, in the interest of the parties, the proceeding of Pirbahore P.S. Case No. 375 of 2012 and Pirbahore P.S. Case No. 63 of 2013 pending before the Judicial Magistrate, 1^st Class, Patna is, hereby, set aside.

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The application stands allowed with the aforesaid observations.

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However, the quashment of the present proceeding shall have no bearing on any other civil proceedings.

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(Anjana Prakash, J.)

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Vikash/-

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U T

Vijay Laxmi and Anr. v. State Of Bihar and Anr.

Case brief

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Vijay Laxmi and Anr. v. State Of Bihar and Anr.

Case brief

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