Gauri Shankar Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11305 of 2014 Arising Out of PS.Case No. -317 Year- 2013 Thana -PATNA COMPLAINT CASE DistrictPATNA ===========================================================

1. Gauri Shankar Singh Son Of Late Shiva Pravesh Singh Resident Of Village - Taranpur, Post - Lakhanpar, P.S. - Punpun, Dist. - Patna. .... .... Petitioner/s

Versus

1. The State Of Bihar

2. Devendra Kumar Singh @ Bhushan Singh Son Of Late Ravinandan Singh Resident Of Village - Taranpur, Post Lakhanpur, P.S. - Punpun, Dist. - Patna. .... .... Opposite Party/s =========================================================== Appearance :

For the Petitioner/s : Mr. Anil Kumar Singh Mr. Ashiprav Singh For the Informant : Mr. Vijay Kumar Sinha Mr. S.K. Bhatnagar For the State : Mr. R. B. Roy Raman, APP =========================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL JUDGMENT Date: 21-07-2017 This is an application under Section 482 of the Code of Criminal Procedure for quashing the order dated 02.03.2013 passed by Sri Ghanshyam Singh, Judicial Magistrate, 1st Class, Patna in Complaint Case No. 317 (C) of 2013 whereunder the Magistrate took cognizance for the offence under Sections 406 and 420 of the Indian Penal Code.

2.

Heard both sides.

3.

It has been submitted that as per the direction of this Court given on 02.02.2015, the petitioner has paid an amount of Rs. 5, 30,000/- by three cheques towards full satisfaction of the

Patna High Court Cr.Misc. No.11305 of 2014 dt.21-07-2017 2/2 Opposite Party No. 2, who had entered into an agreement for sale of land with the petitioner. The dispute between the parties is purely a civil dispute based on contract.

4.

The learned counsel for the Opposite Party No. 2 admits this fact that the matter has been settled and he has no objection in quashing the criminal prosecution of the petitioner. 5.

In the facts and circumstances of the case, I find that the criminal prosecution of the petitioner would amount to abuse of process of the Court, as the dispute between the parties is purely a civil dispute, which has been settled. The order dated 02.03.2013 passed by the court below and also the criminal prosecution of the petitioner in Complaint Case No. 317 (C) of 2013 is quashed. This Criminal Miscellaneous Application is, accordingly, allowed. (Sanjay Kumar, J) ajaypd./- AFR/NAFR NAFR CAV DATE NA Uploading Date 24.07.2017 Transmission Date 24.07.2017