Gaurav Singh @ Gaurav v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.42046 of 2017 Arising Out of PS.Case No. -128 Year- 2014 Thana -KATIHAR District- KATIHAR ====================================================== Gaurav Singh @ Gaurav son of Mr. Anoop Singh, resident of Dafua colony number 5, House number D-856, P.S. Dabua, District Haryana. .... .... Petitioner/s
Versus
1. The State of Bihar
2. Jagdambi Paswan, son of late Tunna Paswan, resident of Teja Tola, P.S.Sahayak, District- Katihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mrs. Archana Sinha @ Archana Shahi, Adv. For the Opposite Party No.1 : Mr. Anant Kumar, APP For the Opposite Party No.2: Mr. Vijaya Laxmi Srivastava, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 15-09-2017 Heard Mrs. Archana Sinha, the learned counsel for the petitioner, Mr. Vijaya Laxmi Srivastava, the learned counsel for the Opposite Party No.2 and Shri Anant Kumar, the learned A.P.P. for the State.
At the learned counsel for the parties submits that a compromise has already entered into between the parties, which is Annexure-6 to the petition and is dated 13.02.2017. In paragraph-3 of the said compromise petition dated 13.02.2017 it has been stated that the parties do not wish to proceed with the case any further. This position has not been disputed by the learned counsel for the opposite party no.2.
In view of the judgment of the Hon'ble Supreme
Patna High Court Cr.Misc. No.42046 of 2017 (3) dt.15-09-2017 2/2 Court reported in (2014)6 SCC 466 [Narinder Singh and Ors. Vs. State of Punjab and Anrs.], there is no impediment for quashing the proceeding if any settlement/ compromise has taken place between the parties.
For the reasons stated herein above, the order dated 10.04.2017 passed by the learned Chief Judicial Magistrate, Katihar in Katihar (S) P.S. Case No.128 of 2014 is hereby quashed as well as other ancillary criminal proceedings arising therefrom is also set aside.
The petition is allowed in the aforesaid terms. (Mohit Kumar Shah, J) BTiwary/- U T