Anuj Churiwal @ Atul Churiwal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47955 of 2019 Arising Out of PS. Case No.-426 Year-2018 Thana- COMPLAINT CASE District- Jamui ====================================================== 1.
Anuj Churiwal @ Atul Churiwal Son of Late Parmanand Churiwal Managing Director, Krishi Rasayan Exports Pvt. Ltd, 1115 Hemkund Tower Modi Tower, 98 Nehru Palace, P.S.- Kalkaje, District- New Delhi-110019 2.
Rajesh Agrawal Son of Lakhpat Agrawal Zonal Officer K.R.E.P.L. 1115 Hemkund Tower Modi Tower, 98 Nehru Palace, P.S.- Kaljaje New Delhi110019. 3.
Manish Verma @ Manish Kumar Verma Son of Late Ayodhoya Prasad D.G.M. Hari Niwas Complex, Hira Palace, New Dak Bunglow Road, P.S.- Kotwali, District - Patna 800001, Bihar 4.
Mahesh Jha Son of Arjun Jha A.S.M. 312 Hari Niwas Complex, Hira Palace, New Dak Bunglow Road, P.S. - Kotwali, District - Patna 800001, Bihar ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Surya Kant Bhagat Son of Gopal Prasad Bhagat Proprietor of Surya Motors resident of Sidhi Vinayak Umang Jeweler, Purani Bazar Jamui, P.S.- Jamui, District- Jamui 811307, Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Awadhesh Kumar Singh For the Opposite Party/s :
Mr. Jharkhandi Upadhyay ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 25-04-2023 Heard the parties.
This application has been filed for quashing the order dated 07.01.2019 passed by Judicial Magistrate, 1st Class, Jamui in Complaint Case No. 426(c) of 2018.
Learned counsel for the petitioner submits that the parties have settled their dispute vide Compromise Petition dated 26.07.2022 (Annexure-2) and the OP No. 2 has filed the
Patna High Court CR. MISC. No.47955 of 2019(2) dt.25-04-2023 2/2 compromise petition and withdrawal petition in the Court below. In view of the aforesaid fact, no useful purpose will be served by keeping the case pending here and also in the Court below.
Accordingly, this application is disposed of with a direction to the Court below to consider the truthfulness of the compromise petition from the O.P. No. 2 and in case the O.P. No. 2 supports the compromise petition, the proceeding should be dropped against the persons with whom he has entered into compromise. If the compromise petition is not supported by the O.P. No. 2 then appropriate order be passed.
The Court below must pass an order on the compromise petition within 15 days from the date of communication/receipt of a copy of this order. With the aforesaid observation and direction, this application is disposed of.
(Sandeep Kumar, J) Vikas/- U