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Patna High CourtCR. MISC./12740/2022allowed

Chandra Prakash v. The State Of Bihar

2023-04-25Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12740 of 2022 Arising Out of PS. Case No.-206 Year-2021 Thana- JEHANABAD COMPLAINT CASE District- Jehanabad ====================================================== 1.

CHANDRA PRAKASH S/o Late Sri Bhagwati Singh Resident of Village and P.S.- Mehandiya, District- Arwal, Bihar.

2.

Jay Prakash @ Jay Prakash Narayan Son of Sri Vinay Singh Resident of Village and P.S.- Mehandiya, District- Arwal, Bihar ... ... Petitioners.

Versus

1.

The State of Bihar 2.

Ram Shringar Sinha S/o Late Surya Deo Singh Resident of Village and P.S.- Mehandiya, District- Arwal, Bihar.

... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Ms. Nivedita Nirvikar, Sr, Adv Mr.Subodh Kumar Barnwal, Adv For the Opposite Party/s :

Mr. Ramakant Sharma, Sr. Adv Mr. Shailendra Kumar, Adv Mr. Kusum Kumar, Adv For the State :

Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 25-04-2023 Heard learned senior counsel for the petitioners, learned Additional Public Prosecutor for the State and learned Senior counsel for the opposite party no. 2.

This is an application for quashing of the order dated 08.02.2022 passed by learned Judicial Magistrate 2nd Class, Arwal, in Complaint Case No. 206 of 2021, by which the learned Magistrate has taken cognizance against the petitioners for the offence under Sections 354, 379 and 452 of Indian Penal Code read with Section 34 of the Indian Penal Code. It has jointly been prayed by learned senior counsel for the parties that all the criminal cases pending between the parties may be quashed by this Court with the consent of the

Patna High Court CR. MISC. No.12740 of 2022(7) dt.25-04-2023 2/2 parties. For the same, the opposite party no.2 has filed a counter affidavit in the matter, wherein he has given the details of criminal cases filed by the parties against each other. In view of the submissions of the parties, Complaint Case No. 206 of 2021, Complaint Case No. 06 of 2022 and Mehdiya P.S. Case No.32 of 2022 filed by the opposite party no.2 against the petitioners' side as well as Mehdiya P.S. Case No.73 of 2021 filed by the petitioners against the opposite party no.2 and all consequential proceedings arising out of the aforesaid Complaints/F.I.Rs. are hereby quashed in the interest of justice.

The Sub Judge-I, Arwal is directed to dispose of the Civil Suit No. 56 of 2021 at the earliest preferably within a period of one year from the date of receipt/production of a copy of this order.

Let a copy of the order be communicated to the District Judge, Jehanabad through FAX and e-mail forthwith, who in turn, will communicate the same to the concerned Judge for its compliance.

(Sandeep Kumar, J) Sunnykr/- U