IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.14265 of 2008 SMT.DHANPATI DEVI & ORS Versus STATE OF BIHAR ----------- 03. 10.12.2010 Petitioner has challenged the order of cognizance dated 29.11.2007, whereby the Chief Judicial Magistrate, Buxar took the cognizance under Sections 341, 323, 504/34 of the I.P.C. in Sikraul P.S. Case No. 16 of 2007. Earlier vide order dated 05.05.2009, further proceedings before the learned Court below was stayed and notices were issued to the informant. Heard both sides. Petitioner No. 1 namely Smt. Dhanpati Devi has died during pendency of the present application, hence let her name be deleted from the proceeding. So far as petitioner Nos. 2 and 3 are concerned, they are cousin sister-in-law(Bhabi) and cousin respectively. It is alleged against petitioner No. 2 of snatching the chain whereas it is alleged against petitioner No. 3 of assault by fists and slaps. It is submitted by Mr. Vindhyachal Singh, learned counsel for the petitioner that the allegation of snatching of chain was not prima facie found by the learned Court below as no cognizance was taken for the alleged offence. Moreover petitioners’ side filed the case 2 being Sikraul P.S. Case No. 15 of 2007 registered under Sections 341, 323, 504/34 of the I.P.C. in which cognizance has been taken under Sections 341, 323, 504/34 of the I.P.C. It is submitted by Mr. Vindhyachal Singh, learned counsel for the petitioner that final form was submitted and differing with the final form, cognizance has been taken. Moreover both sides are agnates and they are not willing to pursue the matter. Petitioners’ sides are ready to file withdrawal/compromise petition in Sikraul P.S. Case No. 15 of 2007, provided Opposite Parties agree to it, within a period of four weeks. Learned counsel for O.P. No. 2 submits that he has no instruction with regard to the compromise. However he submits that on finding prima facie case, the cognizance has been taken. Considering the fact that during investigation the accusation has been found false by the police, both sides are agnates, petitioners are being dragged for three years, one of them is a lady, and cognizance has only been taken under Sections 341, 323, 504/34 of the I.P.C., hence in the interest of justice, it is desirable that the entire prosecution of Sikraul P.S. Case No. 16 of 2007 is being quashed, hence ultimately it is quashed. The quashing application stands allowed. 3 Let the order of this Court be transmitted to the learned Court below through FAX at the cost of the petitioner. Learned counsel for O.P. No. 2 will be at liberty to file an appropriate application, if petitioners’ side defaults in complying the undertaking. Shageer (Dinesh Kumar Singh, J.)