IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.38854 of 2008 Mahmud Alam @ Md.Mahmud son of Md. Samun, resident of Village-Mohalla Diwan Mohalla, Shish Mahal, P.S.-Khajekalan, District-Patna. .......Petitioner Versus 1. The State Of Bihar. 2. Tej Narayan Verma, son of late Asharifi Lal, resident of Village-Mohalla-Gujri Bazar, P.S.-Khajekalan, District- Patna. ........Opposite Parties ---------------------------------- with Criminal Miscellaneous No.40684 of 2009 Dahish Hasan @ Md.Chand son of Md. Firoz, resident of Mohalla-Mitanghat Near Masjid, P.S.-Khajekalan, District-Patna. ........Petitioner Versus 1. The State Of Bihar. 2. Tej Narayan Verma son of late Asharifi Lal, resident of Mohalla-Gujri Bazar, P.S.-Khajekalan, District-Patna. ........Opposite Parties For the Petitioners: - Mr. Raj Kumar Mishra, Adv. Mr. Varun Kumar, Adv. For O.P. No. 2 :- Mr. Amresh Kumar Sinha, Adv. For State :- Mr. Dashrath Mehta, A.P.P. ---------------------------------- 03 02.12.2011 Heard learned counsel for the petitioners, learned counsel for opposite party no. 2 and learned Additional P.P. for the State. In both the Criminal Miscellaneous Applications bearing Nos. 38854 of 2008 filed on behalf of petitioner, Mahmud Alam @ Md. Mahmud and 40684 of 2009 filed on behalf of petitioner, Danish Hasan @ Md. Chand, the cognizance order dated 29.05.2006, passed in Sessions Trial No. 1282 of 2006 arising out of Khajekalan P.S. Case No. 38 of 2006 by Sri Satya Narayan Ram, Judicial Magistrate, 1st Class, Patna City, Patna has been assailed, hence, both the criminal miscellaneous applications have been heard 2 together and are being disposed of by this common order. The learned counsel appearing on behalf of petitioners submits that while on submitting the charge-sheet, on investigation by the police in Khajekalan P.S. Case No. 38 of 2006, charge-sheet was submitted under sections 366A and 376/34 of the Indian Penal Code against six accused including the petitioners and the cognizance of the offence under the aforesaid Sections has already been taken by the Court of Sub Divisional Judicial Magistrate, Patna City, Patna through the impugned order, but it would appear that statement under section 164 of Criminal Procedure Code of the victim girl, Bandana Kumari, was recorded in course of investigation, in which she has stated about leaving the house according to her own sweet will and to perform the marriage with Danish Hasan @ Md. Chand, petitioner of Criminal Miscellaneous No. 40684 of 2009, and on that very basis, the cognizance order in respect to co-accused Md. Firoz and his wife Shama Begam has been quashed by a Bench of this Court vide order dated 11.12.2007, passed in Criminal Miscellaneous No. 36968 of 2006. The learned counsel appearing on behalf of opposite party no. 2, Tej Narayan Verma, has supported the submission of the learned counsel appearing on behalf of petitioners and further submitted that the dispute has been settled between the parties and the victim Bandana Kumari is living with petitioner of Criminal Miscellaneous No. 40684 of 2009, Danish Hasan @ Md. Chand after marriage as wife and living conjugal life. Annexrue-6 of Criminal Miscellaneous No. 38854 of 3 2008, filed on behalf of Mahamud Alam @ Md. Mahmud and another indicates that on the basis of the statement of victim, Bandana Kumari recorded under Section 164 of the Code of Criminal Procedure, the impugned order taking cognizance in respect to that accused petitioner, has been quashed. Under the aforesaid facts and circumstances of the case, continuance of the proceeding against the petitioners of both the criminal miscellaneous applications is not in the interest of justice and amounts to abuse of the process of the Court. Accordingly, the impugned order dated 29.05.2006, passed in Khajekalan P.S. Case No. 38 of 2006 by Sri Satya Narayan Ram, Judicial Magistrate, 1st Class, Patna City, Patna, with respect to the petitioners of both the applications, is quashed and both the applications are allowed. Safik (Rajendra Kumar Mishra, J.)