Zeenat Praveen vs The State Of Bihar
2025 Latest Caselaw 1646 Patna

Patna High Court

Zeenat Praveen vs The State Of Bihar on 6 February, 2025

Author: Chandra Shekhar Jha

Bench: Chandra Shekhar Jha

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  CRIMINAL MISCELLANEOUS No.76316 of 2023
          Arising Out of PS. Case No.-24 Year-2021 Thana- MAHILA P.S. District- Vaishali
     ======================================================
1.    ZEENAT PRAVEEN Wife of Late Saiyed Abu Zafar @ Abu Zafar R/o vill -
      Ladaura, P.S. - Kudhani, Distt. - Muzaffarpur.
2.   Imteyaz Ahmad Son of Late Saiyed Abu Zafar @ Abu Zafar R/o vill -
     Ladaura, P.S. - Kudhani, Distt. - Muzaffarpur.
3.   Shagufta Parveen Wife of Asif Iqbal R/o vill - Saidpur Satanpur, P.S. -
     Ujairpur, Distt. - Samastipur.

                                                                         ... ... Petitioner/s
                                             Versus
1.   The State of Bihar.
2.   Sultana Praveen Wife of Syed Imran Ahmad, D/o Md. Asghar Ali R/o vill -
     Chakchameli, P.S. - Hajipur Sadar, Distt. - Vaishali.

                                            ... ... Opposite Party/s
     ======================================================
     Appearance :
     For the Petitioner/s     :        Mr.Javed Aslam, Advocate
     For the Opposite Party/s :        Mr.Shailendra Kumar, APP
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
     ORAL JUDGMENT
      Date : 06-02-2025

                   1. Heard learned counsel appearing on behalf of the

      parties.

                   2. The present application has been filed for

      quashing the order dated 04.11.2022 passed by learned

      S.D.J.M., Hajipur, Vaishali, in connection with Mahila P.S.

      Hajipur Case No. 24 of 2021, CIS G.R. No. 1225/2022, Tr.

      No. 3467 of 2022, where cognizance was taken for the

      offences under sections 341, 323, 498A, 307/34 of the

      Indian Penal Code and Section ¾ of Dowry Prohibition Act.
 Patna High Court CR. MISC. No.76316 of 2023 dt.06-02-2025
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                      3. It is submitted by learned counsel that the matter

         between opposite party no. 2 and her husband Syed Imran

         Ahmad stands compromised in view of annexures 3 and 4

         series of supplementary affidavit as filed on behalf of

         petitioners on 12.12.2024.

                      4. The aforesaid affidavit appears available on

         record.

                      5. The petitioners are in-laws.

                      6. In view of submission as the maintenance of

         opposite party no. 2 appears settled with her husband against

         one time payment for sum of Rs. 08 lacs, where their

         marriage also stands dissolved as per their personal law, and

         as such, the dispute appears amicably settled and, therefore,

         in such circumstances continuing with the process against the

         petitioners qua in-laws would only amount to an abuse of the

         process of the court of law.

                      7. In this context, guiding note may be import from

         legal report of Hon'ble Supreme Court as available through

         Abhisek Vs. State of Madhya Pradesh, reported in 2023

         SCC OnLine SC 1083.
              Patna High Court CR. MISC. No.76316 of 2023 dt.06-02-2025
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                                   8. In view of aforesaid, the present quashing

                      petition stands allowed.

                                   9. The impugned order of cognizance dated

                      04.11.2022

passed by the learned S.D.J.M., Hajipur,

Vaishali, in connection with Mahila P.S. Hajipur Case No. 24

of 2021, CIS G.R. No. 1225/2022, Tr. No. 3467 of 2022, is

hereby set aside and quashed qua petitioners.

10. Let copy of this order be sent to the trial court,

without delay.

(Chandra Shekhar Jha, J) veena/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          06.02.2025
Transmission Date       06.02.2025