High Court Patna High Court - Orders

Chandeshwar Prasad vs State Of Bihar &Amp; Anr on 26 August, 2010

Patna High Court – Orders
Chandeshwar Prasad vs State Of Bihar &Amp; Anr on 26 August, 2010
                IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CR. WJC No.611 of 1998
                             CHANDESHWAR PRASAD
                                         Versus
                             STATE OF BIHAR & ANR
                                           with
                             Cr.Misc. No.3092 of 1999
                             CHANDESHWAR PRASAD
                                         Versus
                             STATE OF BIHAR & ANR
                                       -----------

6 26.8.2010 Both these applications are taken up together for

hearing.

In Cr.W.J.C.No. the petitioner prays for quashing the

order dated 30.8.1997 passed by the Judicial Magistrate Ist

Class, Nawada in Protest Complaint Case No.564 of 1996

registered under sections 420, 468, 120(B) of the Penal Code

whereby the learned Magistrate took cognizance against the

petitioner and issued summons to face trial as well as affirmance

of the order dated 22.8.1998 passed by the Ist Additional District

& Sessions Judge, Nawada in Cr.Revision No.134/97-2/97.

The petitioner submits that a criminal proceeding was

initiated on the basis of a complaint petition filed by the husband

of Opposite party no.2, which was registered as Case No.385/95

dated 4.12.1995 under sections 467, 468, 420(B) of the Penal

Code, in which final form was submitted in favour of the

accused petitioner. Thereafter instant protest cum complaint was

filed.

Learned counsel for the petitioner submits that the

matter relates to boundary dispute and in fact the complainant
2

has filed T.S. No.155 of 1995/87 of 2005 in which compromise

has been arrived at between the parties and as such the suit was

withdrawn by Opposite party no.2.

It appears that the matter relates to civil dispute and

this case proceeded on protest cum complaint. It further appears

that compromise has been arrived at between the parties.

In circumstances, the impugned prosecution against

the petitioner arising out of Protest Complaint Case No. 564 of

1996 under sections 420, 468, 120(B) of the Penal Code pending

in the court of the Judicial Magistrate Ist Class, Nawada is

hereby quashed.

In Cr.Misc.No.3092 of 1999 the petitioner prays for

quashing the order dated 20.8.1997 passed by the Judicial

Magistrate Ist Class, Nawada in Protest Complaint Case No.565

of 1996 under sections 420, 468, 120(B) of the Penal Code

whereby the learned Magistrate took cognizance against the

petitioner and issued summons to face trial as well as affirmance

of the order dated 26.8.1998 passed by the Ist Additional District

& Sessions Judge, Nawada in Cr.Revision No.113/97-14/97.

The petitioner submits that in the instant case the

police after investigation too submitted final form finding the

case one of the civil dispute. The case thereafter proceeded on

Protest Cum Complaint like the first one.

Learned counsel for the petitioner submits that in

T.S.No.155 of 1995/87 of 2005, the wife of Opposite Party no.2

Smt. Sarda Devi along with one Smt.Kalawati Devi (Opposite
3

party no.2 in Cr.W.J.C.No.611 of 1998) was one of the plaintiffs

in which compromise has been arrived at between the parties

and as such the suit was withdrawn by the wife of Opposite

party no.2.

In the circumstances, as the matter primarily relates to

civil dispute and compromise has been arrived at between the

parties, this court quashes the prosecution against the petitioner

arising out of Protest Complaint Case No.565 of 1996 under

sections 420,468, 120(B) of the Penal Code pending in the court

of the Judicial Magistrate Ist Class, Nawada.

In the result, both these applications are allowed but

with no order as to costs.

KHAN
(S.P.Singh,J)