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Patna High CourtCR. MISC./44421/2017allowed

Anikant Pyare Lal Ohdar v. State Of Bihar And ANR

2024-01-29Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44421 of 2017 Arising Out of PS. Case No.-159 Year-2017 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Anikant Pyare Lal Ohdar Son of Ram Kishore Ohdar , R/o Village- Kamdara, P.S.- Kamdara , District- Gumla Jharkhand.

... ... Petitioner/s

Versus

1.

State Of Bihar 2.

Ranjeet Das Son of Late Radhendra Mohan Das, R/o Village- Medical Colony Quarter No. 56, P.S.- Khagol, District- Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Jay Ram Prasad, Adv.

For the Opposite Party/s :

Mr. Manish Kumar 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 29-01-2024

1. Heard the learned counsel for the petitioner and the learned APP for the State along with learned counsel for the O.P. No.2 Mr. Rohit Mishra.

2. The learned counsel for the O.P. No.2 at the outset submits that he has instructions on behalf of the O.P. No.2 to make submission that the issue in between the petitioner and the O.P. no.2 has been compromised and the O.P. No.2 shall have no objection, in the event, if the present quashing application is allowed and the order impugned is quashed. It is also submitted that cognizance was taken under Sections 420 and 406 of the Indian Penal Code, which are compoundable.

3. The learned counsel for the petitioner also concurs

Patna High Court CR. MISC. No.44421 of 2017(5) dt.29-01-2024 2/2 with the submission of the learned counsel for the O.P. No.2 and submits that an I.A. application being I.A. No.01/2024 has been filed in the present quashing application bringing on record the compromise petition which has been entered in between the petitioner and the O.P. No.2.

4. In view of the submissions made by the learned counsel for the petitioner, I.A. No.01/2024 is allowed and the compromise petition is taken into consideration.

5. Considering the submissions made by the learned counsel for the O.P. No.2 and also taking into consideration the contents of the compromise petition, the order dated 20.04.2017 passed by Randhir Kumar, learned J.M. 1st Class-cum-A.C.J.M.- 6th, in Complaint Case No.159©/2017, whereby cognizance of offence under Sections 420 and 406 of the Indian Penal Code has been taken, is hereby quashed.

(Satyavrat Verma, J) amit/- U T