Monday, August 12, 2013

Very simple quash aftr MOOLAH paid or matr settled! The son's mum, a widow :-( d applicant. Patna HC . 6 years lost ...but what's 6 years in a criminal case

Very simple quash after MOOLAH paid or matr settled ! The son's mum, a widow :-(  d applicant. Patna HC . 6 years lost ...but what's 6 years in a criminal case 

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Patna High Court Cr.Misc. No.43051 of 2007 dt.02-08-2013

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 43051 of 2007

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Elizabeth Seraphim @ Lily Seraphim @ Lily William, Widow of Late William 
Seraphim and Resident of House No. 5, New Patliputra Colony, P.S.-
Patliputra, Town & District-Patna.
**** **** Petitioner/s

Versus

1. The State of Bihar.
2. Archana Kumari, Wife of Mr. Rajiv Seraphim and daughter of Mr. 
Patrick John and resident of House No. 21, Road No. 1, New Patliputra 
Colony, P.S.-Patliputra, Town & Dist.-Patna, PIN-800013.
**** **** Opposite Party/s

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CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH

ORAL JUDGMENT

Date: 02-08-2013

Anjana Prakash, J: The Petitioner seeks quashing of the entire proceeding including the order of cognizance dated 19.07.2007 passed by the Judicial Magistrate, 1st Class, Patna in Complaint Case No. 147 (C) of 2007.

The submission of the Petitioner is that the spouses ended their relation-ship by mutual agreement and, therefore, the continuance of the present proceeding is an abuse of the process of the Court.

Considering the aforesaid, the entire proceeding including the order of cognizance dated 19.07.2007 passed by the Judicial Magistrate, 1st Class, Patna in Complaint Case No. 147 (C) of 2007 is, hereby, quashed.

The application stands allowed.

Patna High Court, Patna

Dated, the 2nd August, 2013

(Anjana Prakash, J.)

NAFR/Vikash/-




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This judgment and other similar judgments posted on this blog was / were collected from Judis nic in website and / or other websites of Govt. of India or other internet web sites like worldlii or indiankanoon. Some notes are made by Vinayak. This is a free service provided by Vinayak (pen name). Vinayak is a member of SIF - Save Indian Family Foundation. SIF is committed to fighting FALSE dowry cases and elder abuse. SIF supports gender equality and a fair treatment of law abiding Indian men. Should you find the dictum in this judgment or the judgment itself repealed or amended or would like to make improvements or comments, please post a comment on the comment section of the blog or write to e _ vinayak @ yahoo . com (please remove spaces). Vinayak is NOT a lawyer and nothing in this blog and/or site and/or file should be considered as legal advise.
 
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Vinayak
Father of a lovely daughter, criminal in the eyes of a wife, son of an compassionate elderly mother, old timer who hasn't given up, Male, activist