Patna High Court
VINAY SARAWGI @ BINAY SARAWGIversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
Holding
The court quashed the criminal proceedings and the earlier order on account of the parties' settlement.
Summary
The petitioners, Vinay Sarawgi and Rajiv Bakshi, filed an application seeking modification of a prior order to quash the criminal proceedings arising from Complaint Case No. 29357(C) of 2014. They contended that the dispute between them and the respondents had been amicably settled. The court examined whether a settlement between the parties justified the quashing of the pending criminal case and the earlier order dated 17.01.2019. Relying on the principle that criminal matters may be dismissed when the complainant withdraws the complaint and the matter is settled, the court allowed the modification application. Consequently, the entire criminal proceeding, including the earlier order, was quashed. The decision reflects the court’s discretion to terminate criminal actions upon mutual settlement of the parties.
Issues considered
- Whether a criminal proceeding arising from a complaint can be quashed on the basis of an amicable settlement between the parties
Subjects
- settlement
- criminal proceeding
- quash
- modification of order
- complaint case
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16560 of 2026
In
CRIMINAL MISCELLANEOUS No.65206 of 2019
Arising Out of PS. Case No.-29358 Year-2014 Thana- PATNA COMPLAINT CASE District-
Patna
======================================================
1. VINAY SARAWGI @ BINAY SARAWGI Son of Late Hanuman Sarawgi
Resident of Vill.- Swastik Fruits Products Pvt. Ltd., Swastik House, Upper
Bazar, P.S.- Kotwali, Ranchi, District - Ranchi.
2. Rajiv Ranjan Bakshi Son of Vinod Kumar Bakshi Resident of Vill.- Swastik
Fruits Products Pvt. Ltd., Swastik House, Upper Bazar, P.S.- Kotwali,
Ranchi, District - Ranchi.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Ram Niwas Kumar Son of Sri Rambachan Sharma Resident of Vill.-
Chandmari Road, P.S.- Kankarbagh, District - Patna Proprietor of M/s
Ganpati Enterprises.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vinay Mistry, Advocate
For the Opposite Party/s : Mr.Upendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 18-03-2026 Heard learned counsel for the petitioners and learned
counsel for the State.
2. The present application has been filed for
modification of the order dated 27.03.2025 passed by this Court
in Cr. Misc. No. 65206 of 2019 only to the extent that the order
dated 17.01.2019 passed by Ex-Munsif -cum-Judicial
Magistrate, 1st Class, Patna including the entire criminal
proceeding in Complaint Case No. 29357(C) of 2014 may be
quashed.
Patna High Court CR. MISC. No.16560 of 2026(2) dt.18-03-2026
2/2
3. The learned counsel for the petitioners submits that
the entire dispute between the parties has amicably been settled.
4. In view of the settlement between the parties, the
prayer made in the modification application is allowed and
accordingly, the entire criminal proceedings arising out of
Complaint Case No. 29357(C) of 2014 including the order dated
17.01.2019 passed by Ex-Munsif-cum-Judicial Magistrate, 1st
Class, Patna are hereby quashed.
(Sandeep Kumar, J)
tusharika/-
U T
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