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Patna High CourtCR. MISC./63540/2024allowed

Sanjay Sahay v. The State Of Bihar Through The Law Secretary, Department Of Law, Government Of Bihar

2024-09-02Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63540 of 2024 Arising Out of PS. Case No.-851 Year-2020 Thana- GAYA COMPLAINT CASE DistrictGaya ====================================================== Sanjay Sahay Son of Late Dayanand Sahay R/o Mohalla- A. P. Colony, P.sRampur, Distt- Gaya ... ... Petitioner/s

Versus

1.

The State of Bihar through The Law Secretary, Department of Law, Government of Bihar Patna 2.

Santosh Kumar Son of Siaram Singh Vill.- Sanaut, P.S.- Mufasil, Dist.- Gaya.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajesh Ranjan For the Opposite Party/s :

Mr. Md. Fahimuddin Ms. Sakshi Bhatnagar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 02-09-2024 Heard the learned counsel for the petitioner; Shri Rajesh Ranjan, learned APP for the State and the learned counsel for the O.P. No. 02; Ms. Sakshi Bhatnagar.

2. This is an application for quashing of the order dated 18.02.2021 passed by learned Additional Chief Judicial Magistrate-XIII, Gaya in Complaint Case No. 851 of 2020 by which the court below has taken cognizance against the petitioner.

3. The learned counsel for the petitioner has taken this Court to Annexure-P/4 i.e. compromise petition which shows that the petitioner and the O.P. No. 02 have settled their dispute

Patna High Court CR. MISC. No.63540 of 2024(2) dt.02-09-2024 2/2 and signed an agreement with regard to the same.

4. The learned counsel for the O.P. No. 02; Ms. Sakshi Bhatnagar supports the compromise and submits that the O.P. No. 02 doesn't want to pursue with the case.

5. In these circumstances, this application is allowed and the order dated 18.02.2021 passed in Complaint Case No. 851 of 2020 and the entire prosecution of the petitioner pending in the court of learned Additional Chief Judicial MagistrateXIII, Gaya is hereby quashed as against the petitioner only. (Sandeep Kumar, J) Shishir/- U T