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Patna High Court

VINAY SARAWGI @ BINAY SARAWGIversusThe State of Bihar

Decided
Disposal
ALLOWED

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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