Pradeep Das @ Sharma And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32441 of 2015 Arising Out of PS. Case No.-3079 Year-2012 Thana- PURNIA COMPLAINT CASE DistrictPurnia ====================================================== 1.

Pradeep Das @ Sharma S/o Late Shyam Lal Chourasia 2.

Ravi Das @ Rocky, S/o Sri Pradeep Das 3.

Hari Dassh @ Vikky, S/o Sri Pradeep Das, All are Resident of VillageDogachhi, P.S.- Kasba, District- Purena whereas the petitioner no. 3 at present posted as CT/GD, C.R.P.F., Srinagar, Jammu and Kashmir ... ... Petitioner/s

Versus

1.

State Of Bihar 2.

Motilal Sharma, S/o Late Fulai Prasad, Resident of village- Dogachi, P.S.- Kasba, District- Purnea ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioners :

Mr. N.K. Agrawal, Sr. Advocate Mr. Dhananjaya Nath Tiwari, Advocate Mr. Kumar Rajdeep, Advocate For the Opposite Parties :

Mr. Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 22-02-2023 Heard learned counsel for the petitioners and learned APP for the State.

This application has been filed for quashing the order dated 02.06.2014 passed by learned Judicial Magistrate-1st Class, Purnea in C.A. No. 3079 of 2012/ Tr. No. 700 of 2014 by which cognizance has been taken against the petitioners for the offences under Sections 323/34, 447/34 and 379/34 of the Indian Penal Code.

Learned counsel for the petitioners has produced a copy of compromise petition between the complainant and the

Patna High Court CR. MISC. No.32441 of 2015(3) dt.22-02-2023 2/2 accused which is taken on record.

Despite service of notice, opposite party no. 2 (Motilal Sharma) is not appearing in this Court. It seems that opposite party no. 2 has lost interest after the compromise. In view of the above, this application is allowed. Accordingly, the order dated 02.06.2014 passed by learned Judicial magistrate 1st Class, Purnea in C.A. No. 3079 of 2012/ Tr. No. 700 of 2014 is hereby quashed.

The Judicial magistrate 1st Class, Purnea is directed to verify the truthfulness of the compromise filed in C.A. No. 3079 of 2015. If the compromise petition is found to be genuine, the complaint case shall be dropped. This exercise must be completed by the learned Judicial magistrate 1st Class, Purnea within two weeks of the communication of the order. Let a copy of this order be communicated to the District Judge, Purnea for its compliance through FAX or e-mail forthwith.

(Sandeep Kumar, J) Harsh/ U