SAMIRUDDIN ALIAS MD SAMIRUDDIN Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the parties. This application under Section 482 of the Code of Criminal Procedure is directed against the order taking cognizance dated 1.2.2006 passed by the Chief Judicial Magistrate, Kishanganj in the matter arising from Pothia (Paharkatta) P.S. Case No. 60 of 2005 (G.R. No. 407 of 2005) for offences punishable under Sections 323 and 498A of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.

(2.) PETITIONER No.1 is the husband of the informant and petitioner Nos.2 to 4 are his brothers. Learned counsel for the petitioner with reference to the substance of allegation as set out in the F.I.R. giving rise to the present case submits that the informant in a general manner has made allegation of physical and mental torture and dowry demands at the hands of the husband-petitioner No.1 and his family members without any specific details. He further with reference to a complaint petition placed at Annexure-2 bearing Complaint Case No. 966 of 2004 submits that for the same set of allegations a complaint case was earlier instituted by the informant on 8.9.2005 and which ended in an acquittal under the judgment and order dated 5.11.2009 passed by the Sub-Divisional Judicial Magistrate, Kishanganj brought on record by way of Annexure-B to the affidavit filed on behalf of the opposite party No.2 today, during the course of the proceeding. Learned counsel for the informant has appeared and filed counter affidavit. The parties are in agreement that the present case has ended in a compromise and evidence whereof is placed at Annexure-A to the affidavit filed on behalf of the opposite party No.2 today, which is a joint petition filed on behalf of the informant and the petitioners for disposal of the proceedings in terms of the statements made therein. Learned counsel for the petitioners and the opposite party No.2 thus jointly submit that the parties do not wish to pursue the matter in view of the accompanying circumstances and the matter could be disposed of in the said background.