Quashing application against a cognizance order in a 2019 Lakhisarai case. Petitioner no. 1 died and his petition was withdrawn; petitioner no. 2 sought forgiveness from the complainant without admitting guilt. The complainant forgave him and did not wish to continue the prosecution, so the court quashed the prosecution.
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.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.33378 of 2023
Arising Out of PS. Case No.-312 Year-2019 Thana- LAKHISARAI District- Lakhisarai
======================================================
... ... Petitioner/s
Versus
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Dhannjay Kumar No 2 For the Opposite Party/s : Mr. Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER
10 12-08-2024
Heard the learned counsel for the petitioners, learned
APP for the State and learned counsel for the O.P. No. 02.
2 . By order dated 11.07.2024, this application was dismissed as withdrawn on behalf of petitioner no. 01 (Daro Mistri) as the petitioner no. 01 has died.
3 . This is an application for quashing of the order
dated 30.06.2022 passed by the learned Judicial Magistrate, 1st Class, Lakhisarai in Lakhisarai Kabaiya P.S. Case No. 312 of 2019 by which the court below has taken cognizance against the petitioners under Sections 341, 323, 337, 354(A), 354(B)/34 of the Indian Penal Code.
Patna High Court CR. MISC. No.33378 of 2023(10) dt.12-08-2024 2/2
4 . The petitioner no. 02 ( Suraj Kumar ) and the O.P. No. 02 ( Nageshwar Prasad ) are present in the court in person.
5 . The petitioner no. 02 is the nephew of the O.P. No. 02 ( Nageshwar Prasad ). The petitioner no. 02 ( Suraj Kumar ) has asked for forgiveness from the O.P. No. 02 without accepting his guilt.
6 . The O.P. No. 02 ( Nageshwar Prasad) has forgiven the petitioner no. 02 ( Suraj Kuma r) and he wishes not to continue with the prosecution of the petitioner no. 02 any further.
In these circumstances, this application is allowed and the entire prosecution of the petitioner no. 02 ( Suraj Kumar ) including the impugned order dated 30.06.2022 passed by the learned Judicial Magistrate, 1st Class, Lakhisarai in Lakhisarai Kabaiya P.S. Case No. 312 of 2019 is hereby quashed.
(Sandeep Kumar, J)
Shishir/-
U T
1 issue framed by the court
Should the cognizance order dated 30.06.2022 and prosecution of petitioner no. 2 under Sections 341, 323, 337, 354(A), 354(B)/34 IPC be quashed given the compromise between the parties?
2 provisions across 1 enactments
Daro Mistri
Suraj Kumar
The State Of Bihar
Nageshwar Prasad
Sandeep Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
