IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.813 of 2005
1.SRAWAN KUMAR HIMMATSINGHKA @ P.D.HIMMATSINGHKA, Son of Late Dwarika
Nath Himmatsinghka, Director, Ideal Auto Credit Pvt. Ltd., 50, J.L.Nehru Road, Kolkatta-71.
2.MANISH JHUNJHUNWALA, Son of Sheo Kumar Jhunjhunwala, Manager, Ideal Auto Credit
Pvt. Ltd., J.L.Nehru Road, Kolkatta-71.
...........Petitioners
Versus
1.THE STATE OF BIHAR
2.BRAHMADEO SINGH, Son of Late Vasudeo Singh, Resident of Salemu Bigha, P.S. Nalanda,
District Nalanda.
.........Opposite Parties
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For the Petitioners :- Mr. Rajan Ghoshrave, Advocate
For the O.P. No. 2 :- Mr. Ajay Kumar Sharma, Advocate
For the State :- Mr. Damodar Pd. Tiwary, A.P.P.
16/- 25-11-2010 Heard learned counsel for the petitioners, learned counsel
for the opposite party no. 2 and learned Additional Public Prosecutor
for the State.
Supplementary affidavit on behalf of the petitioners and
opposite party no. 2 both have been filed in compliance of earlier
order dated 25.10.2010 be kept on record.
This is an application under Section 482 of the Code of
Criminal Procedure seeking quashing of order dated 15.10.2004
refusing petition for discharge in Deep Nagar P.S. Case No. 169 of
1996 arising out of G.R. Case No. 2461 of 1996 under Section 387/34
of the Indian Penal Code passed by Sri Alok Raj, Judicial Magistrate,
1st Class, Biharsharif at Nalanda.
During course of arguments by filing supplementary
affidavit also it is brought into notice of this Court that in this case
mainly relating to a commercial dispute parties have after long fight
2
and civil side also settled their disputes and now in view of amicable
settlement they no longer intend to further proceed with the case
before the court below.
Taking into consideration the above redressal of the
dispute by settlement the impugned order as well as further
proceedings before the court below are hereby quashed, accordingly,
this application stands disposed of.
Praveen (Akhilesh Chandra, J.)