Created by Fuzzy Cloud

Patna High Court

SANJEEV KUMARversusThe State of Bihar and Anr.

Decided
Disposal
ALLOWED

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/-

U


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.