Quashed

Zeenat Parween and Anrs. v. the State of Bihar

Patna HC16 May 2016CR. MISC./10994/2011

Case brief

AI extract

What is this about?

This single judge matter granted a quashing application filed by three women petitioners. The High Court held the criminal prosecution against them to be malicious and set aside the order of nondischarge without prejudice to the rights of the State of Bihar and the informant.

What did the court decide?

The order of nondischarge dated 16.11.2010 and the proceeding in P.S. case No.134 of 2005 are set aside.

Zeenat Parween and Anrs. Vs the State of Bihar — Writ and Judicial Review | Patna HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Criminal Miscellaneous No.10994 of 2011

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Arising Out of PS.Case No. -0 Year- null Thana -null District- DARBHANGA

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

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Zeenat Parween wife of Md. Firoz daughter of Md. Alamgir

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Raunak Parween daughter of Md. Alamgir

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Md. Alamgir son of late Abdul Hameed, all are resident of village Barh Samaila, P.S. Keoti, District Darbhanga

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.... .... Petitioner/s Versus

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The State of Bihar

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Mosmat Roshan w/o late Zakir, vill. Samailla, P.S. Keoti, Dist. Darbhanga .... .... Opposite Party/s

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

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For the Petitioner/s : Mr. A. Ali Khan, Advocate

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Mr. R. Ranjan, Advocate

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For the State : Mr. R.B. Roy Raman, APP For Opposite Party No.2 : Mr. Abinash Kumar, Advocate

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=========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 16-05-2016

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The Petitioners seek quashing of the order of nondischarge dated 16.11.2010 passed by the Judicial Magistrate, 1^st class, Darbhanga in Keoti P.S. case No.134 of 2005 (G.R. No.2403 of 2005/ Trial No.275 of 2010).

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The case of the Complainant is that on the date of occurrence the accused persons entered into her house and started to abuse and assaulted her. The motive for the occurrence was that Informant had married his son Md. Firoz to Petitioner No.1, who had developed illicit relationship with another person, for which a panchayati was held. In the panchayati she accepted her guilt. So her son divorced Petitioner No.1 and being aggrieved thus they assaulted her.

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Patna High Court Cr.Misc. No.10994 of 2011 dt.16-05-2016

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2/2

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It has been submitted on behalf of the Petitioners that fact of the matter is that a case under Section 498A I.P.C. was registered as Keoti P.S. case No.23 of 2006 by the Petitioner No.1 against the Informant and her family members and the present case was instituted as a backlash to the said case. Moreover in the said case all the accused persons were charge sheeted and are facing trial.

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On the other hand, the Counsel for the Complainant submits that since there is a definite allegation of assault against the present Petitioners, they should be put on trial.

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Having considered the background facts and the nature of relationship between the parties, I am inclined to hold that the present prosecution is malicious and deserves to be set aside.

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Hence, the application is allowed and the proceeding including the order of non-discharge dated 16.11.2010 passed by the Judicial Magistrate, 1^st class, Darbhanga in Keoti P.S. case No.134 of 2005 (G.R. No.2403 of 2005/ Trial No.275 of 2010) is hereby set aside without prejudice to the rights of the parties.

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(Anjana Prakash, J)

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Narendra/-

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AFR/NAFR	NAFR
CAVDATE
UploadingDate	19.05.2016
Transmission Date	19.05.2016

Zeenat Parween and Anrs. v. the State of Bihar

Case brief

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Zeenat Parween and Anrs. v. the State of Bihar

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