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2023 DAILYLAW 1828 (PAT)

AJAY MOTANI @ AJAY KUMAR MOTANI v. THE STATE OF BIHAR

CR. MISC./52604/2023 · 2026-05-13

Ansul

body2023

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.52604 of 2023 Arising out of PS. Case No.-388 Year-2023 Thana- NAGAR District- Vaishali ====================================================== 1. Ajay Motani @ Ajay Kumar Motani, S/o Anjani Kumar Motani, R/o Village- Janta Cinema Chowk Ward No. 35, Bettiah, Ps. Bettiah Town, Dist. West Champaran. 2. Puja Motani W/o Ajay Motani @ Ajay Kumar Motani, D/o Sajjan Kumar Bubna R/o Village- Janta Cinema Chowk Ward No. 35, Bettiah, Ps. Bettiah Town, Dist. West Champaran. 3. Ved Motani S/o Ajay Motani @ Ajay Kumar Motani R/oVillage- Janta Cinema Chowk Ward No. 35, Bettiah, Ps. Bettiah Town, Dist. West Champaran. ... ... Petitioner/s Versus 1. The State of Bihar 2. Padma Bubna W/o Deepak Bubna R/o Mohalla- Noon Gola, PS. Hajipur (town), Dist. Vaishali-844101. .. ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Vatsal Verma, Adv. For the State : Mr. Ram Bilash Roy Raman, APP For the OP No. 2 : Mr. Alok Chaubey, Adv. Mr. Saroj Kumar, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE ANSUL ORAL JUDGMENT Date : 13-05-2026 Heard Mr. Vatsal Verma, learned counsel for the petitioners, Mr. Alok Chaubey and Mr. Saroj Kumar learned counsel for the Opposite Party No. 2 and Mr. Ram Bilash Roy Raman, learned Additional Prosecutor for the State. 2. Petitioners seek quashing of the FIR of Hajipur (Town) P.S. Case No. 388 of 2023 dated 21.05.2023 registered for the offences under Sections 341, 323, 354, 427, 379 read with Section 34 of the IPC. 3. Learned counsel for the petitioners submits that there is a case and counter-case between the Parties. The Petitioners’ Patna High Court CR. MISC. No.52604 of 2023 dt.13-05-2026 2/2 side has filed the case being Hajipur (Town) P.S. Case No. 387 of 2023 registered under Sections 448, 341, 323, 324, 354, 379, 504, 506/34 of the IPC and the informant’s side has filed the present case, i.e., Hajipur (Town) PS Case No. 388 of 2023 dated 21.05.2023, registered under Sections 341, 323, 354, 427, 379/34 of the IPC. The parties are brother and sister and the matter seems to have arisen out of property dispute. 4. Learned counsel for both the parties are present. The informant has appeared on notice that and they agreed that the matter needs to be given a burial. 5. In such view of the matter, both the cases, i.e., FIR Hajipur (Town) P.S. Case No. 387 of 2023 registered under sections 448, 341, 323, 324, 354, 379, 504, 506/34 of the IPC and the present case i.e., 388 of 2023 dated 21.05.2023, registered under Section 341, 323, 354, 427, 379/34 of the IPC are quashed. Consequently, the entire proceedings of both the cases are quashed. 6. With the aforesaid observations, the present application stands allowed. Vikash/- (Ansul, J) AFR/NAFR NAFR CAV DATE N/A Uploading Date 19.05.2026 Transmission Date 19.05.2026