Shashi Shankar Roy v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42966 of 2015 Arising Out of PS. Case No.-2106 Year-2014 Thana- BHAGALPUR COMPLAINT CASE District- Bhagalpur ====================================================== Shashi Shankar Roy Son of Late Banarsi Roy, Resident of Village - Bhikhanpur, P.S. - Ishakchak, District - Bhagalpur. ... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors 2.

Alok Kumar Singh, Son of Dhananjay Singh, 3.

Vijay Yadav, Son of Late Mohan Yadav, 4.

Mritunjay Yadav, Son of Vijay Yadav, 5.

Pakko Yadav, Son of Vijay Yadav, All are the resident of village - Rasulganj, P.S. - Lodipur, District - Bhagalpur.

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

For the Petitioner/s :

Mr.Swapnil Kumar Singh, Adv.

For the State :

Mr.Ajay Kumar Jha, APP For the O.P. Nos. 2 to 5 : Mrs. Geeta Kumari Jha, Adv. Mr. Ashuthosh Kumar. Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 06-02-2026 At the outset, learned counsel for the petitioner seeks permission to file hard copy of the supplementary affidavit, soft copy of which has already been filed.

2. Permission as sought above is granted.

3. Let the hard copy of the supplementary affidavit be kept on record.

4. Learned counsel for the petitioner submits that the petitioner filed Complaint Case No. 2106 of 2014, in which, by the impugned order, cognizance has been taken under Section 418 of the Indian Penal Code and Section 138 of the Negotiable

Patna High Court CR. MISC. No.42966 of 2015(15) dt.06-02-2026 2/2 Instruments Act, but the petitioner was aggrieved by the nontaking of cognizance under other serious offences. However, due to the efforts made by the well-wishers of both the parties, the petitioner's main grievance with regard to the offence under Section 138 of the N.I. Act has been redressed and he has received Rs. 3,75,000/- as full and final settlement. With regard to the said settlement, a supplementary affidavit has been filed, annexing a copy of the compromise petition.

5. Learned counsel for the opposite parties Nos. 2 to 5 accepts the aforesaid factum of the compromise.

6. Considering the aforesaid submissions and taking into account the compromise entered into by both the parties, the order dated 27.05.2015, taking cognizance of the alleged offences, and the subsequent entire criminal proceedings arising pursuant to the said order, are hereby set aside/quashed.

7. Accordingly, the instant petition stands allowed. (Shailendra Singh, J) BKS/- U T