Ranjeet Kumar Mishra v. The State Of Bihar, Through The Director General Of Police, Bihar, Patna.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.433 of 2022 Arising Out of PS. Case No.-244 Year-2018 Thana- DANAPUR District- Patna ====================================================== RANJEET KUMAR MISHRA Son of Khurkhur Mishra M. D. M/S Pahi Constructions Pvt. Ltd, Resident of Flat No.- 201, Gargi Complex, L.B.S. Nagar, P.S.- Danapur, District - Patna ... Petitioner

Versus

1.

The State of Bihar, Through the Director General of Police, Bihar, Patna 2.

Inspector General of Police, Bihar, Patna 3.

The Superintendent of Police, Patna 4.

S. H. O. Danapur Police Station, District - Patna 5.

Anil Kumar Pandey Son of Sarvanand Pandey Presently resident of 402, Bor Bigha Apartment, Road No.- 1, Gardanibagh, P.S.- Gardanibagh, District - Patna 800002 ... Respondents ====================================================== Appearance :

For the Petitioner :

M/s Rajesh Kumar Pandey & Sandeep Jha, Advs.

For the State :

Mrs. Divya Verma, AC to AAG III For Respondent 5 :

M/s Dhananjay Kumar & Sunil Kumar, Advs.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 11-05-2023 Counsel for the petitioner is directed to remove the defect(s) pointed out by office note, dated 10.05.2023, within two weeks.

Heard learned counsel for the petitioner, the State and the private respondent no. 5.

From orders, dated 29.03.2023 and 24.04.2023, it transpires that parties upon referring the matter to the Patna High Court Mediation Center has resolved their issue completely and in support thereof the report of the Mediation Center is received which is as follows :

Patna High Court CR. WJC No.433 of 2022(4) dt.11-05-2023 2/3 In the background of order passed by the Hon'ble High Court in Cr.W.J.C. No. 433 of 2022 on 24.04.2023 a detail description of cases pending in court below are given here under :- i) Rera Complaint Case No. Cc/04/2018 ii) Complaint Case No. CC/04/2018 and Execution Case No. 21 of 2019 iii) Certificate Case No. 01 of 2020-2021 iv) Danapur P.S. Case No. 244 of 2018 v) Cr.W.J.C. No. 433 of 2022 vi) Cr. Misc. No. 1979 of 2023 Hence, in the above terms and condition a settlement has been arrived between the parties and both have signed in presence of their respective learned counsels who have also put their signature on the agreement."

It also transpires that an Interlocutory Application No. 01 of 2023 has been filed in this case jointly by the petitioner and respondent no. 5 that both the parties have settled their dispute and they do not want to proceed with this case and other co-related cases whose details are mentioned in paragraph 2 of the said interlocutory application.

Upon the specific query of the Court that present writ petition has been filed for quashing of the first information report only, but, in the settlement report strategy for closing of

Patna High Court CR. WJC No.433 of 2022(4) dt.11-05-2023 3/3 rest five cases are not shown. Both the parties assured to this Court that they shall follow the advise of their counsel in this matter for closing of the cases, at least, the present writ petition, which may be allowed in the light of the said compromise. From the contents of the first information report, it transpires to this Court that genesis of this case is civil in nature and it has been settled before the Patna High Court Mediation Center.

In this background, this Court is of the view that there is no necessity to continue with the first information report further and, therefore, in the light of the settlement made between the parties, this criminal case bearing Danapur P.S. Case No. 244 of 2018, dated 29.04.2018, lodged under Sections 420, 406, 385 and 506 of the Indian Penal Code, 1860, is hereby quashed.

This writ petition is allowed.

(Dr. Anshuman, J) Shamshad/- U T