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Afroz Jahan & Ors. Vs. State f Bihar & Anr [2008] Insc 420 (12 March 2008)

Tarun Chatterjee & Harjit Singh Bedi


1. This Transfer Petition had initially been filed by the wife Afroz Jahan, seeking the transfer of several cases pending in the State of Bihar inter-se the parties or their relatives from Bihar to the Union Territory of Chandigarh. During the course of the litigation, the parties have compromised their disputes as evidenced from the agreement Annexure P.19 dated 15th January 2008 and it has been agreed, inter-alia, that the cases filed by the parties against each other or each others relatives shall be withdrawn or quashed as the case may be.

Details of the case have been mentioned in the aforesaid document and they are as under:

Cases filed by the respondent-husband, Sufyanullah Khan:

1. Criminal Complaint Case No.834-C of 2005, dated 28.9.2005 (State of Bihar vs. Firoz Khan & Ors.) pending in the Court at Jamui (Bihar), which resulted into registration of FIR No.226/05, dated 20.11.2005, under Sections 323,341,324,452,307,504,34 and 27 of Arms Act at Police Station Sikandra-Chander Deep, District Jamui (Bihar ).

2. Criminal Complaint Case No.553-C/2005, dated 12.7.2005 under Sections 323/341/392 etc. IPC pending in the Court at Jamui (Bihar).Case filed by Afroz Jahan, the petitioner-wife:

1. Criminal Complaint No.6/2005 under Sections 498-A/406 etc. which is pending in the Court at Chandigarh.

2. In view of the undertaking of the parties to settle their disputes and to withdraw the proceedings against each other, we direct that all the aforesaid matters would be deemed to be withdrawn to this Court under Article 142 of the Constitution of India in the interest of justice and shall be deemed to have been quashed. No other order is called for in this matter.

The petition is disposed of in the above terms.


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