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
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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withdrawn by Opposite party no.2.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)