Nirbhay Shankar v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26773 of 2018 Arising Out of PS. Case No.-704 Year-2016 Thana- MADHUBANI COMPLAINT CASE District- Madhubani ====================================================== Nirbhay Shankar S/o Late Kameshar Lal Das, R/o Vill.- Laufa, P.S.- Lakhnaur, District- Madhubani, At present R/o Mohalla- Maharani Colony, Road No.-1, Agam Kuan, P.S.- Bye-Pass, District- Patna. ... ... Petitioner/s
Versus
1.
State Of Bihar 2.
Jai Shankar S/o Late Kameshwar Lal Das, R/o Vill.- Laufa, P.S.- Lakhnaur, District- Madhubani, At present Maharani Colony, Near Shitla Mandir, Agam Kuan, Gulzarbagh, Patna-7.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Deepak Kumar Singh, Adv.
For the Opposite Party/s :
Mr. Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 24-01-2024
1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. Learned counsel for the petitioner submits that the petitioner and the O.P. No.2 are own brother and cognizance in the case has been taken under Section 323 of the Indian Penal Code and on intervention of well wishers, the parties have compromised. Learned counsel next submits that day before yesterday he received telephonic information from the petitioner that a compromise petition has also been filed before the learned trial court. It is thus submitted that when brothers on intervention of well wishers have compromised, in that event no
Patna High Court CR. MISC. No.26773 of 2018(2) dt.24-01-2024 2/2 useful purpose would be served by allowing the criminal proceeding to continue, on which the learned APP submits that though it has been submitted that a compromise petition has been filed but then the said compromise petition is not on record.
3. In view of the submissions made by the learned APP, the quashing application is disposed of with a direction to the learned trial court that in the event if a compromise petition is on record in that event the learned trial court after noticing the O.P. No.2 herein shall pass order, in accordance with law, as offence under Section 323 of the Indian Penal Code is compoundable.
4. The quashing application is disposed of.
(Satyavrat Verma, J) amit/- U T