Patna High Court Cr.Misc. No.14949 of 2009 dt.22-07-2011 In the matter of applications under section 482 of the Code of Criminal Procedure. ----------- Criminal Miscellaneous No.14949 of 2009 ------------ =========================================================== 1. Shambhu Mishra, 2. Nagendra Mishra, both sons of Late Raj Narayan Mishra, 3. Braj Bihari Mishra @ Brij Bihari Mishra, 4. Pramod Kr. Mishra, both sons of Late Laxmi Mishra, 5. Manoj Kr. Mishra S/o Shambhu Mihsra, 6. Smt. Mangal Mukhi Devi wife of Shri Shambhu Mishra, 7. Smt. Dewanti Devi wife of Sri Nagendra Mishra, 8. Smt. Anju Devi wife of Sri Brij Bihari Mishra, all resident of village- Dhanaw, P.O.-Dhanaw, P.S.Baniapur, District-Saran(Chapra), 9. Ravindra Tiwary S/o Sri Bhagwat Tiwary, & 10. Smt. Savita Devi wife of Sri Ravindra Tiwary both are resident of village- Sonauli, P.O.Sonauli, P.S.-Mashrakh, Distict- Saran (Chapra) Petitioner nos. 2, 3, 5, 7, 9 and 10 are presently residing at Sadaquat Ashram, P.S.-Patliputra, District- Patna. .... .... Petitioner/s Versus 1. The State Of Bihar & 2. Premlata Dei @ Pinki Devi wife of Sri Braj Bhushan Mishra D/o Sri Baban Mishra, resident of Kopa Bazar, P.O.-Kopa, P.S.-Kopa, District- Saran (Chapra) .... .... Opposite Party/s With Criminal Miscellaneous No. 16013 of 2009 =========================================================== Braj Bhushan Mishra S/o Laxmi Mishra, resident of village- Dhanaw, P.O.- Dhanaw, P.S. + via- Baniapur, District-Saran presently residing at Sadaquat Ashram, P.S.-Patliputra, District- Patna. .... .... Petitioner/s Versus 1. The State Of Bihar & 2. Premlata Dei @ Pinki Devi wife of Sri Braj Bhushan Mishra D/o Sri Baban Mishra, resident of Kopa Bazar, P.O.-Kopa, P.S.-Kopa, District- Saran (Chapra) .... .... Opposite Party/s =========================================================== Appearance: (In Both the cases) For the Petitioner/s: M/s Damodar Prasad Tiwary, Bimalesh Kumar & Kaushal Kishor, Advocates For the Opposite Party no.2: Mr. Harshvardhan Shivsundaram, Advocate For the State : APP =========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT (Per: HONOURABLE JUSTICE SMT. ANJANA PRAKASH) Patna High Court Cr.Misc. No.14949 of 2009 dt.22-07-2011 1. The petitioners have sought quashing of the order dated 12.12.2008 passed by the Judicial Magistrate, 1st class, Saran at Chapra, in Complaint Case No.1535 of 2008 (Enquiry No.368 of 2008) by which cognizance has been under sections 323, 498-A, 379/34 Indian Penal Code. 2. By order dated 05.05.2009, the opposite party no.2 was noticed in Cr. Misc. No. 14949 of 2009 and by order dated 09.11.2009 passed in Cr. Misc. No.16013 of 2009. The opposite party no.2 has appeared in both the cases through a duly executed vakalatnama. 3. The stand of the parties is that they have compromised the matter and there is no necessity of further proceeding with the present prosecution since it would lead to unnecessary complication in the lives of the parties involved and, therefore, joint prayer has been made that the case be quashed. 4. In view of such, entire proceeding in Complaint Case No.1535 of 2008 (Enquiry No.368 of 2008) pending before the Judicial Magistrate, 1st class, Saran including the order dated 12.12.2008 is hereby quashed. 5. Both the applications stand allowed. (Anjana Prakash,J.) Patna High Court, Patna. Dated the 22nd July, 2011 NAFR/ JA/-