Umesh Kumar Singh vs The State Of Bihar
2023 Latest Caselaw 5439 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                   CRIMINAL MISCELLANEOUS No.4237 of 2023
        Arising Out of PS. Case No.-422 Year-2019 Thana- ARA NAWADA District- Bhojpur
     ======================================================

1. UMESH KUMAR SINGH S/o Late Ramayan Singh R/o Village-

Basistnagar, P.S.- Ara Nawada, Distt- Bhojpur.

2. Babita Devi W/o Umesh Kumar Singh R/o Village- Basistnagar, P.S.- Ara Nawada, Distt- Bhojpur.

... ... Petitioner/s Versus

1. The State of Bihar

2. Mahavir Singh S/o Late Ramayan Singh R/o Village- Basistnagar, P.S.- Ara Nawada, Distt- Bhojpur.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Arun Kumar Singh, Advocate Mr. Ajay Kumar Singh, Advocate For the State : Mr. Arun Kumar Pandey, A.P.P. For the O.P. No. 2 : Mr. Anil Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL JUDGMENT Date : 19-10-2023

Heard learned counsel for the petitioners, learned A.P.P.

for the State and learned counsel for the opposite party no. 2.

2. The present application has been filed for quashing of

the FIR of Ara Nawada P.S. Case No. 422 of 2019 registered for

the offences under Sections 448, 341, 323, 354 and 379/34 of the

Indian Penal Code.

3. Learned counsel for the petitioners submits that

petitioner no. 1 and the opposite party no. 2 are own brothers. It is

further submitted that in the nature of allegation as alleged in the

FIR, it would manifest that ingredients of Sections 379 and 354 of

the Indian Penal Code is missing. It is next submitted that on Patna High Court CR. MISC. No.4237 of 2023 dt.19-10-2023

intervention of the well wishers the brothers have compromised

the case.

4. Learned counsel for the opposite party no. 2 concurs

with the submissions of the learned counsel for the petitioners and

submits that he has instruction to make submissions that in the

event if the FIR is quashed the opposite party no. 2 shall have no

objection.

5. Considering the joint submissions made by the

learned counsel for the petitioners, the FIR of Ara Nawada P.S.

Case No. 422 of 2019 registered for the offences under Sections

448, 341, 323, 354 and 379/34 of the Indian Penal Code is hereby

quashed.

6. Accordingly, this application stands allowed.

(Satyavrat Verma, J)

Kundan/-

AFR/NAFR                N.A.
CAV DATE                N.A.
Uploading Date          19.10.2023
Transmission Date       19.10.2023