Md.Tahir Parvez @ Tahir Parvez @ Md. Tahir Hussain v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85504 of 2019 Arising Out of PS. Case No.-29 Year-2012 Thana- BHAGALPUR KOTWALI DistrictBhagalpur ====================================================== Md.TAHIR PARVEZ @ TAHIR PARVEZ @ MD. TAHIR HUSSAIN Son of Late Taziuddin @ Late Mamizuddin @ Tamulee Resident of Village-Laugain, Police Station-Mahagama, District-Godda, State of Jharkhand. ... ... Petitioner/s
Versus
1.
THE STATE OF BIHAR 2.
Md. Sultan Khan Son of Md. Nasiruddin Khan Resident of Village-Tatarpur, Police Station-Tatarpur, District-Bhagalpur.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Prasad, Advocate Mr. Kali Prasanna Dubey, Advocate For the State :
Mr. Navin Kumar Pandey, APP For the O.P. No.2 :
Mr. Dhananjay Kumar Gupta, Advocate Mr. Rananjay Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 30-01-2024
1. Heard learned counsel for the petitioner, learned APP for the State along with learned counsel for the O.P. No.2, Mr. Dhananjay Kumar Gupta.
2. The learned counsel on behalf of the O.P. No.2 at the outset submits that he has instruction to make submission on behalf of the O.P. No.2 that in the event if the petitioner settle the matter at Rs.40,000/- then O.P. No.2 shall have no objection in the event if the quashing application is allowed and the order impugned is quashed.
3. The learned counsel for the petitioner submits that since an amicable settlement has been reached in between the
Patna High Court CR. MISC. No.85504 of 2019(7) dt.30-01-2024 2/2 petitioner and the O.P. No.2 as such he has brought a draft of Rs.40,000/- in favour of the O.P. No.2 (Md. Sultan Khan) drawn on ICICI Bank, having draft no.504190 dated 29.01.2024. The learned counsel for the petitioner hands over the aforesaid draft to the learned counsel appearing on behalf of the O.P. No.2. The learned counsel for the O.P. No.2 accepts the aforesaid draft on behalf of the O.P. No.2.
4. The learned counsel for the O.P. No.2 at this stage submits that O.P. No.2 shall have no objection in the event if the quashing application is allowed and the order impugned is quashed.
5. Considering the submissions made by the learned counsel for the O.P. No.2 and the fact that the draft as recorded herein above has been handed over to the learned counsel for the O.P. No.2 as such the order dated 29.02.2016 passed by the learned CJM, Bhagalpur in Kotwali (Adampur) P.S. Case No.29 of 2012 whereby cognizance of offence under Section 406, 420 and 120B of the IPC read with Section 138 of the NI Act has been taken is hereby quashed.
(Satyavrat Verma, J) Prakash Narayan U T