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2017 Supreme(Pat) 369

BIRENDRA KUMAR
Punam Bharati – Appellant
Versus
State of Bihar – Respondent


Advocates:
For the Petitioners: Mr. Raj Shekhar.
For the Resp. Nos. 1 to 4 : Mr. Brajkishore Prasad.
For the Resp. No.5 : Mr. Ranjit Prasad.

BIRENDRA KUMAR, J.:–Heard learned counsel for the parties.

2. The petitioners are accused in connection with Khajekalan P.S. Case No.98 of 2004 registered under Sections 498A, 494, 406 and 120B of the Indian Penal Code as well as under Sections 3 and 4 of the Dowry Prohibition Act. The petitioners are relations of the husband. Initially, the petitioners prayed for quashment of the First Information Report of the case on the ground that the allegation is not specific and vague one and the fact that tendency has developed to rope the family members in every case of dispute between the husband and wife.

3. Learned counsel for the petitioners contended that on 26.05.2005 the parties entered into a compromise and a written compromise petition was filed before the learned court below. However, no order was passed as the case was still under investigation. On 18.04.2017, the officer in-charge of Khajekalan police station filed a petition before the learned court below, vide order as contained in Annexure-5, that the earlier I.O. did not submit the case diary etc. after closure of the investigation of the case. The earlier I.O. has already retired from service. In the circumstances, prayer







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