MD. ZAHID Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Petitioner, by means of this application under section 482 of the Code of Criminal Procedure, has invoked the inherent jurisdiction of this Court with prayer to quash the order dated 22.08.2008, passed by Chief Judicial Magistrate, Gaya in Gaya Kotwali P.S. Case No. 87 of 2004, whereby cognizance under section 498A, 307, 120B of the Indian Penal Code and sections 3/4 of the Dowry Prohibition Act has been taken against the petitioner.

(3.) Facts of the case, in short, is that the present first information report was lodged by the informant against four named accused persons including this petitioner, who is husband of the informant. After investigation, police submitted final form (Annexure-3) finding the case to be not true. On filing several Patna High Court applications by the informant, the case was reinvestigated. Witnesses were produced and their statement under section 164 Cr. P.C. (Annexure-4) was recorded. None of the witnesses supported the prosecution case. Police again submitted the final form vide Annexzure-5. Thereafter Magistrate took cognizance of the offence as per impugned order. All the named accused persons except petitioner came before this Court for quashing the order taking cognizance by filing Cr. Misc. No. 46886 of 2008. This Court vide order dated 25.07.2013 (Annexure-6) allowed the application and quashed the entire proceedings including the order taking cognizance dated 22.08.2013. Thereafter petitioner approached this Court by filing the present quashing application. Vide order dated 26.04.2017, the matter was referred to the Mediation Centre. Report of the Mediation Centre is at Flag "Z". Perusal whereof shows that the matter has been compromised between the parties. Parties have filed a joint compromise petition stating that they are living together since one year. Joint compromise petition is attached with the Mediation Report.