Mumtaz Chand v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34701 of 2015 Arising Out of PS. Case No.-1378 Year-2013 Thana- MUZFFARPUR COMPLAINT CASE District- Muzaffarpur ====================================================== Mumtaz Chand son of late Babuzan resident of village Majhauli Khetal p.s. Sadar District Muzaffarpur.

... ... Petitioner/s

Versus

1.

State of Bihar 2.

Ali Akhatar son of Md. Hadis Ansari resident of village Kobija p.s. Kurhani Dist. Muzaffarpur.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vindhya Keshari Kumar, Sr. Advocate.

Mr. Ravi Shankar Pathak, Advocate.

Mr. Satyendra Narayan Singh, Advocate.

For the State :

Mr. Chandra Sen Pd. Singh, APP For the Opposite Party No. 2: Md. Jubair Ansari, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 08-02-2024 Mr. Vindhya Keshari Kumar, Ld. senior counsel for the petitioner along with Mr. Ravi Shankar Pathak, Mr. Chandra Sen Pd. Singh, Ld. APP for the State and Mr. Jubair Ansari, Ld. counsel for the Opposite Party No. 2 are present.

2. Ld. senior counsel for the petitioner as well as Ld. counsel for the Opposite Party No. 2 informed the Court that the matter has been settled between the parties. Hence, they pray that the impugned order dated 11.4.2014 passed in Complaint Case No. 1378 of 2013/Trial No. 3917 of 2014 along with Criminal Proceedings arising out of the same may be quashed.

3. In view of the statement of Ld. counsel for the

Patna High Court CR. MISC. No.34701 of 2015(8) dt.08-02-2024 2/2 parties, the impugned order dated 11.4.2014 passed by Ld. Judicial Magistrate, 1st Class, Muzaffarpur, in Complaint case No. 1378 of 2013/Trial No.3917 of 2014 and the Criminal Proceedings arising out of the same is quashed in the interest of justice because dispute between the parties is basically civil in nature and the dispute is related with the land in question. As per the statement of Ld. counsel for the petitioner, a Title suit No. 947 of 2012 has already been filed by the Opposite Party No. 2 which is pending in the court of Ld. Sub Judge, Muzaffarpur.

4. Accordingly, the present petition is allowed quashing the impugned order dated 11.4.2014 passed by Ld. Judicial Magistrate, 1st Class, Muzaffarpur, in Complaint Case No. 1378 of 2013/Trial No. 3917 of 2014 along with the criminal proceeding arising out of the same.

(Jitendra Kumar, J) S.Ali/- U T