Shyam Narayan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52939 of 2022 Arising Out of PS. Case No.-403 Year-2021 Thana- PAROO District- Muzaffarpur ====================================================== SHYAM NARAYAN SINGH SON OF LATE SHIV PRASAD SINGH R/O VILLAGE- ASHAPATTI PARSAUNI, P.S.- SAHEBGANJ, DIST.- MUZAFFARPUR ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Pramila Devi Wife of Jagdeo Paswan Resident of village - Kodariya Mango, P.S. - Paroo, Distt. - Muzaffarpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Hari Kishore Thakur For the Opposite Party/s :

Mr.Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 17-08-2023 Heard learned counsel for the parties.

2. This application has been filed for quashing of the F.I.R. bearing Paroo P.S. Case No. 403/2021, dated 13.10.2021 for the offence under Sections 406, 420, 467, 468, 471 and 120(b) of the Indian Penal Code.

3. As per prosecution case, informant Pramila Devi filed complaint case before the A.C.J.M. 1st Muzaffarpur on 19.01.2021 alleging that informant ancestral property is in village Parsauni Jahangir, P.S.- Sahebganj, Dist.- Muzaffarpur bearing Thana No. 11, Khata No. 87, Kheshra No. 173, Total Area-74 decimal informant contacted accused for purchase of 31 decimal land from that plot and consideration was fixed as

Patna High Court CR. MISC. No.52939 of 2022(3) dt.17-08-2023 2/2 Rs. 37,000/- and Rs. 10,000/- was paid and rest Rs. 27,000/- was agreed to be paid at the time of registry. The document was prepared and on 14.06.2020 sale deed was executed by informant and thereafter she returned to her house and the accused promised to pay the rest amount but that was not paid till 22.01.2020. She gave legal notice was sent to the accused.

4. It has been submitted by learned counsel for the petitioner that he is ready to pay the disputed amount of Rs. 27,000/- to the opposite party no. 2 without being prejudice to his case in Title Suit No. 40 of 2020.

5. Learned counsel for the opposite party no. 2/ informant has no objection to the same.

6. Considering the same, this application is allowed.

7. The F.I.R. bearing Paroo P.S. Case No. 403/2021, pending in the court of learned A.C.J.M. 3rd West Muzaffarpur with regard to the petitioner is hereby quashed. (Sandeep Kumar, J) Ranjeet/- U T