Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 10792 of 2012 =================================================== Vinod Kumar Singh, Son of Sri Ram Ekbal Singh, resident of Mohalla-Gewal Bigha, P.S.-Rampur, District-Gaya. .... .... Petitioner/s Versus 1. The State of Bihar. 2. Sanjay Singh, Son of Sri Ram Ekbal Singh, resident of Mohalla Gurda Bagicha, Gewal Bigha, P.S.-Rampur, District-Gaya. .... .... Opposite Party/s =================================================== with Criminal Miscellaneous No. 31840 of 2012 =================================================== Smt. Sanju Singh Wife of Late Manoj Kumar Singh Resident of Gurda Bagicha, Gewal Bigha Bathan, Police Line Road, P.S. - Rampur, District – Gaya. .... .... Petitioner/s Versus 1. The State of Bihar. 2. Dr. Binod Kumar Singh, Son of Sri Ram Ekbal Singh, R/o Mohalla Gewal Bigha, Opposite-S.S.P. Kothi, P.S.-Rampur, District-Gaya. .... .... Opposite Party/s =================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 03. 27.09.2012 The Petitioner of Cr. Misc. No. 10792 of 2012 seeks quashing of entire proceeding including the order dated 22.01.2012 passed by the Judicial Magistrate, 1st Class, Gaya in Complaint Case No. 08 of 2011 by which he has taken cognizance under [STATUTE] . The case of the Complainant was that his brother was operated upon by the Petitioner but later on some complications arose and he was re-operated but lost his life in the operation theatre. The Petitioner of Cr. Misc. No. 31840 of 2012 Patna High Court Cr.Misc. No.10792 of 2012 (3) dt.27-09-2012 2 seeks quashing of the entire proceeding including the order dated 27.05.2011 passed in Complaint Case No. 399/2011 (Tr. No. 1980/2011) by which the Judicial Magistrate, 1st Class, Gaya has taken cognizance in the matter. The Petitioner happens to be the wife of the deceased mentioned above and the case of the Complainant (Petitioner of Cr. Misc. No. 10792 of 2012) is that in course of treatment of her husband and subsequent death some monetary transaction had taken place in which the Complainant was cheated. Both the parties now agree that it would be in their interest that further proceedings of the two Complaints be set aside. In view of such bilateral agreement in their interest this Court would proceed to allow both the applications. In the result, the entire proceeding of both the Complaints including the orders dated 22.01.2012 and 27.05.2011 passed by the Judicial Magistrate, 1st Class, Gaya in Complaint Case Nos. 08 of 2011 and 399/2011 (Tr. No. 1980/2011) respectively are, hereby, set aside. Vikash/- (Anjana Prakash, J.)

Applicable IPC Section: 304A

Statute Text:
Section 304A of the Indian Penal Code. Causing death by rash or negligent act. Whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.