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2025 DAILYLAW 27445 (PAT)

KRISHNA THAKUR v. The State of Bihar

CR. MISC./28198/2021 · 2025-03-18

Sandeep Kumar

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.28198 of 2021 Arising Out of PS. Case No.-2306 Year-2016 Thana- MUZFFARPUR COMPLAINT CASE District- Muzaffarpur ====================================================== 1. Krishna Thakur Son of Sri Prakash Thakur Resident of Village - Sirsi, P.O.- Sirsi, P.S.- Nanpur, Distt.- Sitamarhi, Presently residing at Mohalla 56, Punarvash Park Kali Mandir, Roy Nagar, Near Masterda Suryalane Metrostation, P.O.- Dorni Bosh, P.S.- Droni Bosh, Dist.- Kolkaqta (W.B.) 2. Prakash Thakur Son of Late Mahendra Thakur Resident of Village - Sirsi, P.O.- Sirsi, P.S.- Nanpur, Distt.- Sitamarhi, Presently residing at Mohalla 56, Punarvash Park Kali Mandir, Roy Nagar, Near Masterda Suryalane Metrostation, P.O.- Dorni Bosh, P.S.- Droni Bosh, Dist.- Kolkaqta (W.B.) 3. Smt. Munni Devi W/o Prakash Thakur Resident of Village - Sirsi, P.O.- Sirsi, P.S.- Nanpur, Distt.- Sitamarhi, Presently residing at Mohalla 56, Punarvash Park Kali Mandir, Roy Nagar, Near Masterda Suryalane Metrostation, P.O.- Dorni Bosh, P.S.- Droni Bosh, Dist.- Kolkaqta (W.B.) ... ... Petitioner/s Versus 1. The State of Bihar 2. Komal Anand D/o Pavan Kumar, Resident of Village - Shastir Nagar, near Khadi Bhandar, P.O.- Ramna, P.S.- Mithanpura, Distt.- Muzaffarpur. ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Sita Ram Prasad, Advocate For the State : Mr.Jitendra Kumar Singh, APP For the OP No. 2 : Mr. Santosh Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 4 18-03-2025 Heard the parties. 2. The present application has been filed for quashing the cognizance order dated 18.07.2017 passed by the S.D.J.M (East), Muzaffarpur in Muzaffarpur Complaint Case No. 2306 of 2016, filed under Sections 498 (A), 420, 120 (B) of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act by which the learned Magistrate has taken cognizance under Section 498(A) of the Indian Penal Code and Patna High Court CR. MISC. No.28198 of 2021(4) dt.18-03-2025 2/2 Section 4 of the Dowry Prohibition Act against the petitioners. 3. Mr. Santosh Kumar, learned counsel for the opposite party no. 2 has produced a photocopy of the judgment and order dated 22.03.2023 passed by the Principal Judge, Family Court, Muzaffarpur in Matrimonial Case No. 293 of 2021 by which divorce by mutual consent has been granted to the petitioner. He has also produced certified copy of the ordersheet dated 15.07.2021 passed by the SDJM, East, Muzaffarpur in Complaint Case No. 2306 of 2016, i.e., the present case in which the compromise petition has been filed by the parties. 4. In view of the settlement of the disputes between the parties, this application is allowed. 5. Accordingly, the order dated 18.07.2017 passed by S.D.J.M (East), Muzaffarpur in Muzaffarpur Complaint Case No. 2306 of 2016 is hereby quashed. 6. The photocopy of the judgment dated 22.03.2023 and the certified copy of the ordersheet are taken on record. P. Kumar (Sandeep Kumar, J) U T