Allowed

Sayed Mohamad Khatib Ahmad Hadi and Irfan and Ors. v. the State of Bihar and Anr.

Patna HC30 Nov 2018CR. MISC./33447/2011

Case brief

AI extract

What is this about?

The High Court allowed applications under Section 482 CrPC to quash criminal proceedings under Sections 380 and 34 IPC, citing settlement of the underlying dispute and Supreme Court interim protection orders establishing family mediation.

What did the court decide?

The impugned order dated 01.03.2011 taking cognizance for offences punishable under Sections 380/34 of the Indian Penal Code is quashed and the lower Court records are returned.

Sayed Mohamad Khatib Ahmad Hadi and Irfan and Ors. Vs the… — Quashing and FIR | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.27366 of 2011

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

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Khursid Ahmad @ Khurshid Ahmad Hadi S/O Late Sayed Masood Hadi R/O B-7/402, P.R.A.D.A., Flats, Srikrishna Puri, P.S.- Shrikrishnapuri, Distt.- Patna

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Iffat Ara W/O Khurshid Ahmad R/O B-7/402, P.R.A.D.A., Flats, Srikrishna Puri, P.S.- Shrikrishnapuri, Distt.- Patna

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... ... Petitioner/s

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Versus

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The State Of Bihar

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Umar Hussain Afroz S/O Latd. Md. Akhtar Hussain R/O Vill. Pura, P.S.Sadar, Distt.- Darbhanga, At Present Residing At Subhash Chok, Mohalla Lalbag, P.S.- Town, Distt.- Darbhanga

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... ... Opposite Party/s

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

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with

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Criminal Miscellaneous No. 33447 of 2011

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Sayed Mohamad Khatib Ahmad Hadi @ Irfan son of Khursid Ahmad Hadi.

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Aabda Bano W/O Sayed Mohamad Khatib Ahmad Hadi @ Irfan Both resides of R/O B-7/402, P.R.A.D.A., Flats, Srikrishna Puri, P.S.- Shrikrishnapuri, Distt.- Patna at present R/O MohallaParwaria 6^th Floor Appartment Building Madina Pagula, Kuwait.

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... ... Petitioner/s

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Versus

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The State Of Bihar

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Umar Hussain Afroz S/O Latd. Md. Akhtar Hussain R/O Vill. Pura, P.S.Sadar, Distt.- Darbhanga, At Present Residing At Subhash Chok, Mohalla Lalbag, P.S.- Town, Distt.- Darbhanga.

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... ... Opposite Party/s

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===================== Appearance : (In Criminal Miscellaneous No.	================================= 27366 of 2011)
For the Petitioner/s :	Mr. Ranjan Kumar Sinha, Sr. Advocate
For the Opposite Party/s :	Mr. S.N.P. Sinha, Sr. Advocate Mrs. Rashmi Bharti, Advocate Mr. Jitendra Narain Sinha, Advocate
For the State :	Mr Arif, Advocate
(In Criminal Miscellaneous No.	33447 of 2011)
For the Petitioner/s :	Mr. Ranjan Kumar Sinha, Sr. Advocate
For the Opposite Party/s :	Mr. S.N.P. Sinha, Sr. Advocate Mrs. Rashmi Bharti, Advocate
For the State :	Mr. Bhanu PratapSingh, Advocate

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Patna High Court Cr.Misc. No.27366 of 2011 dt.30-11-2018 2/3

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CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH

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ORAL JUDGMENT

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Date : 30-11-2018

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Heard learned counsel for the petitioners; learned A.P.P. for the State and learned counsel for the opposite party no. 2.

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The present applications has been filed under Section 482 of the Code of Criminal Procedure, 1973, against the order dated 01.03.2011passed by the Judicial Magistrate, 1^st Class, Darbhanga in Complaint Case No. 1527 of 2010, by which cognizance has been taken against them for offenses punishable under Sections 380/34 of the Indian Penal Code.

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The petitioners of Cr. Misc. No. 27366 of 2011 are the parents of the wife of the brother of opposite party no. 2 whereas the petitioners of Cr. Misc. No. 33447 of 2011 are the brother and his wife of the wife of the brother opposite party no. 2.

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After some arguments, learned counsel for the parties have produced before the Court the judgment of the Hon’ble Supreme Court dated 16.11.2018 in Criminal Appeal No (S). 1404 of 2018, by which the Court had recorded that the parties had settled the matter and till such time interim protection has also been given by the Hon’ble Supreme Court. Learned counsel for the parties submitted that the appellants before the Hon’ble Supreme Court were the opposite party no. 2 and other members

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Patna High Court Cr.Misc. No.27366 of 2011 dt.30-11-2018 3/3

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of his family in a case filed by the wife of the brother of the opposite party no. 2 under the Protection of Women from Domestic Violence Act, 2005. It was submitted that once all the matters have now be settled pursuant to mediation efforts and the Hon’ble Supreme Court has drawn the curtain on the fight between the families, the present applications be also allowed as they are also covered by such mediation.

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In view of the admitted position and common stand taken by learned counsel for both the sides, the applications stand allowed. The order impugned dated 01.03.2011 passed in Complaint Case No. 1527 of 2010 by the Judicial Magistrate, 1^st Class, Darbhanga taking cognizance against the petitioners for offences punishable under Sections 380/34 of the Indian Penal Code is quashed.

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The lower Court records be returned to the Court below forthwith.

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(Ahsanuddin Amanullah, J)

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P. Kumar

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AFR/NAFR U T

Sayed Mohamad Khatib Ahmad Hadi and Irfan and Ors. v. the State of Bihar and Anr.

Case brief

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Sayed Mohamad Khatib Ahmad Hadi and Irfan and Ors. v. the State of Bihar and Anr.

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