Patna High Court
SANJEEV KUMARversusThe State of Bihar and Anr.
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
Holding
The appeal is allowed and the order dated 29‑11‑2018 is quashed on account of the parties' settlement.
Summary
The appellant Sanjeev Kumar filed a criminal appeal (SJ) No.793 of 2019 seeking to set aside the order dated 29‑11‑2018 passed by the Additional District and Sessions Judge, IV‑cum‑Special Judge, SC/ST Patna, in Special Case No. 466 of 2017. The appellant claimed that the dispute had been settled between the parties and a compromise petition had been filed in support of the settlement. The respondent State of Bihar and co‑respondent opposed the appeal. The court examined the settlement and the compromise petition and, finding that the parties had indeed reached an agreement, allowed the appeal and quashed the impugned order. Consequently, the criminal conviction or any pending proceedings arising from the original order were set aside.
Issues considered
- Whether a criminal appeal can be set aside on the ground of settlement and filing of a compromise petition between the parties
Subjects
- settlement
- compromise petition
- criminal appeal
- quash order
- Special Judge
- SC/ST
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.793 of 2019
Arising Out of PS. Case No.-116 Year-2014 Thana- GANDHIMAIDAN District- Patna
======================================================
SANJEEV KUMAR Son of Late Mahesh Gupta @ Mahesh Prasad Umar
Resident of Village- Rohini, P.S.- Jasidih, District- Deoghar, Jharkhand.
... ... Appellant/s
Versus
1. The State of Bihar
2. Hiramuni Chaure D/o Late Shravan Chaure Resident of Village- Satopkhara,
P.O- Rishuda, P.S.- Chandramandi, District- Jamui
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Siddharth Harsh
For the Respondent/s : Mr.Usha Kumari 1
For the O.P. No. 02 : Mr. Nawal Kishore Singh.
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
13 02-02-2026 Heard the parties.
2. This appeal is preferred for setting aside the order
dated 29.11.2018 passed by the learned Additional District and
Sessions Judge, IV-cum-Special Judge, SC/ST Patna, in Special
Case No. 466 of 2017 arising out of Gandhi Maidan P.S. Case
No. 116 of 2014.
3. At the very outset, it has been submitted by the
learned counsel for the appellant that the matter has been settled
between the parties and in support of the same, a compromise
petition has also been filed.
4. The aforesaid submission of the learned counsel
for the appellant is also supported by the learned counsel for the
Patna High Court CR. APP (SJ) No.793 of 2019(13) dt.02-02-2026
2/2
opposite party no. 02.
5. In view of the settlement between the parties, this
appeal stands allowed and accordingly, the order dated
29.11.2018 passed by the learned Additional District and
Sessions Judge, IV-cum-Special Judge, SC/ST Patna, in Special
Case No. 466 of 2017 arising out of Gandhi Maidan P.S. Case
No. 116 of 2014, is hereby quashed.
(Sandeep Kumar, J)
Vikas/-
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