Patna High CourtCR. MISC./8909/2022allowed

Rahul Roy v. The State Of Bihar

2023-07-18Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8909 of 2022 Arising Out of PS. Case No.-5599 Year-2019 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Rahul Roy Son Of Kaushlendra Roy Resident Of B.J.98, 2nd Floor, Near Jaspal Kaur Public School, Shalimar Bagh (WEST), North West, Police Station- Shalimar Bagh, New Delhi-110088 ... ... Petitioner/s

Versus

The State of Bihar 2.

Rajeev Kumar Son Of Late Dineshwar Thakur Resident Of Baranti, Police Station- Bidupur, District- Vaishali Presently Residing At Flat No. 110, Sector-E, Pocket-Ii, Vasant Kunj, South West, New Delhi-110070. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhishek Kumar For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 18-07-2023 Heard learned counsel for the parties.

2. This application has been filed for setting aside the order dated 05.11.2020 by which Additional Chief Judicial Magistrate-XII, Patna has taken cognizance against the petitioner in Complaint Case No. 5599 (c) of 2019 registered for the offence under Section 420 read with section 34 of the Indian Penal Code.

3. As per prosecution, opposite party no. 2 filed a complaint petition in the court of learned Chief Judicial Magistrate, Patna. It is further alleged that KSSIPL is the company in which petitioner and opposite party no. 2 are

Patna High Court CR. MISC. No.8909 of 2022(4) dt.18-07-2023 2/2 directors. The opposite party no. 2 also stays in Delhi. The petitioner is also resident of Delhi. No transaction has taken place at Patna.

4. In view of the compromise entered between the parties where the parties have agreed to settle their dispute by way of arbitration which is apparent from the order dated 12.07.2023 passed in Cr. Misc. No. 10743 of 2022, this matter is also referred to the arbitration.

5. In view of above, this application is allowed.

6. The order dated 05.11.2020 by which Additional Chief Judicial Magistrate-XII, Patna has taken cognizance in Complaint Case No. 5599 (c) of 2019 and the entire prosecution of the petitioner is hereby quashed.

(Sandeep Kumar, J) Ranjeet/- U T