Birla Sunlife Insurance Company Limited v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16811 of 2018 Arising Out of PS. Case No.-2174 Year-2010 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Birla Sunlife Insurance Company Limited ... ... Petitioner/s

Versus

State Of Bihar and Anr ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dayanand Singh For the Opposite Party/s :

Mr.Sri Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 09-05-2023 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for O.P. No. 02. This application has been filed on behalf of the petitioner for quashing the cognizance order dated 15.11.2010 passed by Judicial Magistrate, 1st Class, Patna in Complaint Case No. 2174(c) of 2010.

Learned counsel for the petitioner and learned counsel for the Opposite Party No. 02 jointly submits that the matter has been settled between the parties in the year 2012 but the complaint is still pending because the O.P. No. 02 is not appearing.

It seems that after settlement, the O.P. No. 02 has lost interest in the case.

Patna High Court CR. MISC. No.16811 of 2018(5) dt.09-05-2023 2/2 Considering the aforesaid facts as well as also considering the compromise between the parties, this application is allowed.

Accordingly, the cognizance order dated 15.11.2010 passed by Judicial Magistrate, 1st Class, Patna in Complaint Case No. 2174(c) of 2010 is hereby quashed.

(Sandeep Kumar, J) Vikas/- U