Petitioners sought quashing of a complaint case after an amicable settlement. The High Court cancelled the order of cognizance passed by the Sub-Divisional Judicial Magistrate on 24.01.2014, allowing the petition.
Quashing of the order dated 24.01.2014 passed by the Sub-Divisional Judicial Magistrate, Banka.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.39163 of 2014
Arising Out of PS.Case No. -119 Year- 2012 Thana -COMPLAINT CASE District- BANKA
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Versus
====================================================== Appearance :
For the Petitioner/s : Mr. Aaruni Singh For the State : Mr. Ashok Kr.Singh (App) For Opposite Party/s : Mr. Sushil Kr. Singh
====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER
6 21-09-2017
Heard the learned counsel for the petitioner, State and
opposite party no. 2.
The learned counsel for the parties submitted at bar that the matter has been resolved amicably and nothing survives in the matter hence, complaint case no. 119 (C) of 2012 may be quashed.
In view of the settlement entered into between the parties, as stated in the counter affidavit filed by the O.P. no. 2 on 13.07.2016, the order dated 24.01.2014 passed by the learned Sub-Divisional Judicial Magistrate, Banka by which cognizance has been taken in complaint case no. 119 (C) of 2012 is hereby quashed.
The petition is allowed.
(Mohit Kumar Shah, J.)
rinkee/U T
1 issue framed by the court
Whether the complaint case should be quashed in view of the amicable settlement between the parties?
Rajeev Ranjan
Arun Kumar
Usha Devi
The State of Bihar
Vandana Kumari
Mohit Kumar Shah
As recorded by the court registry
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