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2022 Supreme(Pat) 1107

ARUN KUMAR JHA
Anwar Rashid, S/o Late Khan Saheb Mohammad Rashid – Appellant
Versus
State of Bihar – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mrs. Nivedita Nirvikar, Sr. Advocate, Mrs. Mira Kumari, Advocate
For the Opposite Party :Mr. Jharkhandi Upadhyay, APP, Mrs. Shalini Raut, Advocate

JUDGMENT :

1. Heard learned senior counsel for the petitioners and the learned counsel for the opposite party no.2 as well as learned APP for the State.

2. The present petition has been filed by the petitioners for quashing the FIR bearing Hawai Adda P.S. Case No. 53 of 2011, registered for the offences punishable under Sections 323, 325, 498 A and 307 of the Indian Penal Code and Sections ¾ of the Dowry Prohibition Act, on the ground that both the parties have amicably settled their dispute.

3. The prosecution case in brief is that the marriage of the opposite party no. 2 was solemnized with Ain Rashid (petitioner no.5) on 24.03.2009 in accordance with Muslim Rites and Rituals. It is alleged that the opposite party no.2 was subjected to torture and assault for non-fulfillment of demand of dowry by the accused persons, the petitioners herein, leading to filing of the FIR bearing Hawai Adda P.S. Case No.53 of 2011 under Sections 323, 325, 498 (A) and 307 of the Indian Penal Code and Section ¾ of Dowry Prohibition Act.

4. Learned senior counsel for the petitioners submits that now full and final settlement has been made between the petitioners and the opposite party no.2 and no furth

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