Manish Sharma v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.14862 of 2014 Arising Out of PS.Case No. -1455 Year- 2013 Thana -PATNA COMPLAINT CASE DistrictPATNA =========================================================== Manish Sharma Son of Suresh Sharma R/o First Floor, Abw Tower, Sector-25 IFFCO Chowk, Gurgaon, Haryana -122001 .... .... Petitioner/s
Versus
1. The State of Bihar
2. Manoj Kumar Son of Late Sheo Sao Proprietor, M/s Light and Sound, Kadamkuan, Near Apsara Hotel, P.S. Kadamkuan, District-Patna .... .... Opposite Party/s =========================================================== Appearance :
For the Petitioner/s : Mr. Akashdeep Mr. Shyameswar Kr. Singh For the Opposite Party No.2 : Mr. Avinash Kumar Mr. Kumar Modi : Mr. Matloob Rab, A.P.P. 34 =========================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL JUDGMENT Date: 09-10-2017 Heard learned counsel for the parties.
This application is filed under section 482 of the Code of Criminal Procedure for quashing the entire criminal proceedings, including the order issuing summons dated 15.06.2013 against the petitioner under section 403 of the I.P.C. pending in the Court of Judicial Magistrate, 1st Class, Patna in connection with Complaint Case No. 1455(C) of 2013. Submission of learned counsel for the petitioner is that
Patna High Court Cr.Misc. No.14862 of 2014 dt.09-10-2017 2/3 in the light of the order dated 04.07.2017, both the parties have appeared before the Mediation and Conciliation Centre, Patna High Court and agreed to settle the dispute amicably. On perusal of Mediation Proceeding No. 1206 of 2014, it appears that opposite party no. 2 has agreed to pay one time settlement amount and both the parties undertake to withdraw all the pending cases civil or criminal filed against each other. Further submission of learned counsel for the petitioner is that the matter has already been compromised between the parties, and as such prays for quashing of the entire proceedings as well as the order taking cognizance.
Having considered the above facts, circumstances of the case and the materials available on record, it is evidence that the matter has been compromised between the parties. The Hon'ble Supreme Court in the case of Gian Singh Versus State of U.P. reported in (2012) 10 Supreme Court Cases 303 has laid down the law that criminal proceedings may be quashed even in noncompoundable cases by the High Court in exercise of its extraordinary jurisdiction to restore peace between the parties and in case, the justice so demands. According to the Hon'ble Supreme Court, if the offence involve private dispute between the parties of commercial nature or matrimonial dispute and it is not related to a heinous offence, the proceedings may be quashed.
Patna High Court Cr.Misc. No.14862 of 2014 dt.09-10-2017 3/3 In view of the above, the present application is allowed and the entire proceeding, including the order taking cognizance dated 15.06.2013 passed by the Judicial Magistrate, 1st Class, Patna in Complaint Case No. 1455(c) of 2013 is, hereby, quashed.
The application, accordingly, stands allowed. (Arvind Srivastava, J) Shailendra/- AFR/NAFR NAFR CAV DATE NO Uploading Date 18.10.2017 Transmission Date 18.10.2017