Suresh Mahto And ANR v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13797 of 2018 Arising Out of PS. Case No.-30335 Year-2014 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== 1.
Suresh Mahto 2.
Umesh Mahto Both sons of late Ram Bilash Mahto, Resident of Village-Chalkbid, P.O.- Bogra, P.S.-Santaldih, District-Purulia West Bengal, Pincode-723145. ... ... Petitioners
Versus
1.
The State of Bihar 2.
Kripa Nidhan, son of Brij Bhushan Sinha, Near Crescent Academy, Shivpuri, P.O.-Anisabad, P.S.-Gardanibagh, District, Patna. ... ... Opposite Party ====================================================== Appearance :
For the Petitioners :
Mr. Alok Ranjan, Advocate.
For the State :
Mr. Chandra Sen Prasad Singh, APP For the Opposite Party No. 2: Mr. Ram Krishna Yadav, Advocate. Mr. Umesh Kumar Roy, Advocate.
====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 18-02-2025 The present petition under Section 482 Cr.PC has been preferred by the petitioners for quashing and setting aside the order dated 01.04.2015 passed by learned Judicial Magistrate, 1st Class, Shri Rajiv Bharti, in Complaint Case No. 30335(C) of 2014 whereby cognizance of the offences punishable under Sections 420 and 506 of the Indian Penal Code has been taken against the petitioners on the Complaint of the Opposite Party No. 2, Kripa Nidhan for two cheques bearing No. 570190 dated 31.07.2014 issued on United Bank of India Branch Santaldih, Purulia, West Bengal and Cheque No. 132154
Patna High Court CR. MISC. No.13797 of 2018(9) dt.18-02-2025 2/2 dated 19.09.2024 issued on State Bank of India, Adra Branch of West Bengal for total amount of Rs.2,00,000/- which have been dishonoured on presentation to the Bank.
2. During pendency of the proceedings, both, i.e. petitioners/accused and Complainant/Opposite Party No. 2 have filed a joint compromise petition on the record submitting that they have settled their dispute and as per the settlement, the petitioners/accused have paid back Rs.2,00,000/- to the Complainant and, hence, they are praying for quashing of the criminal proceedings arising out of the Complaint lodged before the learned Judicial Magistrate.
3. In view of the compromise/settlement between the Complainant/Opposite Party No. 2 and Accused/Petitioners, the impugned order dated 01.04.2015, including the criminal proceedings arising out of the Complaint Case No. 30335(C) of 2014 is quashed and set aside.
4. Accordingly, the present petition stands allowed. (Jitendra Kumar, J) S.Ali/- U T