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Patna High CourtCR. MISC./4638/2018allowed

Amrendra Kumar Singh And ORS v. State Of Bihar And ANR

2018-02-21Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42714 of 2014 Arising Out of PS.Case No. -545 Year- 2014 Thana -GAYA COMPLAINT CASE District- GAYA ======================================================

1. Santosh Sharan Son of Late Shambhu Sharan Resident of Village - Salempur, P.S.- Tekari, District - Gaya .... .... Petitioner/s

Versus

1. The State of Bihar

2. Kumar Devendra Son of Late Girja Prasad Singh @ Girja Nandan Singh Resident of Village - Gaharpur at present Villag - Salempur, P.S.- Tekhari, District - Gaya .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.4638 of 2018 Arising Out of PS.Case No. -789 Year- 2014 Thana -GAYA COMPLAINT CASE District- GAYA ======================================================

1. Amrendra Kumar Singh,

2. Virendra Kumar @ Biran Singh

3. Kumar Devendra @ Bantu Singh All above S/o Late Girija Nandan Singh @ Girja Prasad Singh, R/o Village- Salempur, P.S.- Tekari, District- Gaya. ... .... Petitioner/s

Versus

1. The State of Bihar.

2. Santosh Sharan, S/o Late Shambhu Sharan, R/o village- Salempur, P.s.- Tekari, District- Gaya. .... .... Opposite Party/s ====================================================== Appearance :

(In Cr.Misc. No.42714 of 2014) For the Petitioner/s : Mr. Bishnu Kant Dubey For the Opposite Party/s : Mr. Suresh Pd.Singh(App) (In Cr.Misc. No.4638 of 2018) For the Petitioner/s : Mr. Satya Prakash For the Opposite Party/s : Mr. Sri Rajeev Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 21-02-2018 The present two cases arise out of (i) complaint case no. 545 of 2014 filed by one Sri Kumar Devendra who is the petitioner no. 3 of the second case against the petitioner of the first case and (ii) complaint case no. 789 of 2014 which has been filed by the petitioner

Patna High Court Cr.Misc. No.42714 of 2014 (6) dt.21-02-2018 2/2 of the first case namely Santosh Sharan against the petitioners of the second case. The aforesaid two cases are said to be pending before the Gaya Civil Court. Since the accused persons and the complainants of both the cases are being represented by their respective counsels by way of the aforesaid two petitions, both the cases have been taken up together for disposal according to the agreement/ settlement arrived at between the parties.

The learned counsel for the respective parties have jointly submitted that both the parties are willing to get the aforesaid two cases quashed since the matter has been settled amicably amongst themselves, with the intervention of the well-wishers. In view of the agreement between the parties leading to the complainants of the respective cases being desirous of withdrawing their allegations and bringing the present litigation to an end, I deem it fit and appropriate to quash the proceedings emanating from the complaint case no. 545 of 2014 pending in the court of Judicial Magistrate 1st class, Gaya as well as proceedings emanating out of the complaint case no. 789 of 2014 including the order dated 18.04.2016 passed in Inquiry case no. 132 of 2014 and Trial no. 1497 of 2016.

The aforesaid two petitions are allowed.

(Mohit Kumar Shah, J) rinkee/- U T