In this criminal miscellaneous petition, the Patna High Court set aside an order of cognizance and the entire criminal proceeding against the accused, noting an amicable settlement between the spouses.
The order of cognizance dated 17.08.2011 and the entire criminal proceeding against all accused persons are 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.
Patna High Court Cr.Misc. No.47090 of 2014 dt.23-07-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.47090 of 2014
Arising Out of PS.Case No. -2023 Year- 2008 Thana -SARAN COMPLAINT CASE DistrictSARAN =========================================================== Sunita Devi @ Suganti Devi W/o Sri Bishwanath Prasad Yadav Resident of village and P.O. Mahamda, P.S. Bhagwanpur, District - Siwan
.... .... Petitioner/s Versus 1. The State of Bihar 2. Sangita Devi W/o Manoj Kumar, D/o Tej Prasad Yadav resident of village - Shyamchak, P.S. Bhagwan Bazar, District - Saran at Chapra .... .... Opposite Party/s =========================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. =========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 23-07-2015
It is submitted that in view of the order of none discharge passed in Cr. Misc. No. 24615 of 2011, the application of the petitioner as against the order of cognizance dated 17.08.2011 passed in Complaint Case No. 2023 of 2008 by the Judicial Magistrate 1st Class, Chapra, be set aside.
Taking into note of the fact of amicable settlement between the spouses, the application is allowed and the entire proceeding including the order dated 17.08.2011 passed in Complaint Case No. 2023 of 2008 by the Judicial Magistrate 1st Class, Chapra, as against all the accused persons are hereby set aside.
(Anjana Prakash, J) Prakash/U T
1 issue framed by the court
Whether the impugned order of cognizance should be set aside in light of an amicable settlement between the spouses.
Sunita Devi @ Suganti Devi
The State of Bihar
Sangita Devi
Anjana Prakash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
