Patna High CourtCR. MISC./55713/2019dismiss for nonprosecution

Mahesh Paswan v. The State Of Bihar

2021-04-09Mr. Justice Sudhir Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55713 of 2019 Arising Out of PS. Case No.-5 Year-2018 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== MAHESH PASWAN S/o Late Kevla Paswan, C/o Deo Lachhan Paswan R/o Village- Naya Gaon, P.S.- Alamganj, District- Patna ... ... Petitioner/s

Versus

THE STATE OF BIHAR 2.

Ajay Lal @ Ajab Lal S/o Sri Lalji Prasad R/o village- Makhdumpur, P.O.- Khagaul, P.S.- Danapur, District- Patna-801105 ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

None For the State :

Mr.Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-04-2021 Heard learned counsel for the State through virtual mode.

On the earlier occasions i.e. on 10.07.2020, 13.10.2020 and 05.01.2021, none had appeared on behalf of the petitioner.

From perusal of the records of the case, it appears that by order dated 16.11.2019 the matter was referred to the Mediation Centre of the Patna High Court. From the report of the Mediation Centre, it appears that the mediation has succeeded. The report of the Mediator is at Flag 'B', which is as follows :

MEDIATOR'S REPORT

Patna High Court CR. MISC. No.55713 of 2019(9) dt.09-04-2021 2/3 Mediation Proceeding No.1217 of 2019 (Arising out of Cr.Misc.No.55713 of 2019) Mahesh Paswan

Versus

The State of Bihar & Anr.

The dispute between parties has been resolved through the process of mediation, the terms of settlement mutually agreed upon by them is being attached herewith.

Sd/- (Nilima Sinha) Mediator 17.2.2020 Patna High Court Mediation Centre Memorandum of Agreement Mediation Proceeding No.1217 of 2019 (Arising out of Cr.Misc.No.55713 of 2019) An agreement made on 14.02.2020 at the Patna High Court Mediation Centre, between, Mahesh Paswan, Son of Late Kevla Paswan, C/o Deo Lachhan Paswan, resident of village Naya Gaon, P.S. Alamganj, District Patna.

----- Petitioner (First Party) And Ajay Lal @ Ajab Lal, Son of Sri Lalji Prasad, resident of village Makhdumpur, P.O. Khagaul, P.S. Danapur, District Patna - 801105.

---- Opposite Party (Second Party) Both the party appear. Both party come to amicable

Patna High Court CR. MISC. No.55713 of 2019(9) dt.09-04-2021 3/3 settlement 1st party Mahesh Paswan have received all documents from 1st part and 1st party has also paid the amounts claim to 2nd party Ajay Lal @ Ajab Lal.

Now both the parties has got no grievance on each other. 2nd party Ajay Lal @ Ajab Lal is also agreed to withdraw the cases filed by him at 1st party Mahesh Paswan. Thus, the dispute is settled through process of mediation. Sd/- Sd/- (Mahesh Paswan) Ajay Lal @ Ajab Lal) Signature of the petitioner Signature of the opposite party No.2 Date-14.02.2020 Date-14.02.2020 Sd/- Signature of the petitioner Advocate Signature of opposite party No.2 advocate A.O.R. No. A.O.R. No.02850 Date-14.02.2020 Date-14.02.2020 Sd/- Nilima Sinha (Mediator) 14.2.2020 It seems that the Counsel for the petitioner had not appeared earlier on several dates. Today also when the matter is taken up, none appears on behalf of the petitioner. The application is dismissed for non-prosecution in connection with Complaint case No.05C of 2018 pending in the court of A.C.J.M. V, Danapur, Patna.

Narendra/- (Sudhir Singh, J) U T