Patna High Court
BINOD SARAWGIversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
Holding
The High Court held that the criminal proceedings are to be quashed in view of the settlement between the parties.
Summary
The petitioners, members of the Sarawgi family, filed an application seeking modification of a 2025 order of the Patna High Court to quash the criminal proceedings arising from Complaint Case No. 1490(C) of 2015. They contended that the dispute with the State of Bihar and the private respondent had been amicably settled. The court examined whether a criminal complaint could be dismissed solely on the basis of a private settlement between the parties. Finding that the parties had indeed reached a settlement, the court allowed the modification application. Consequently, the entire criminal proceeding, including the earlier order of the Ex‑Munsif‑cum‑Judicial Magistrate dated 17‑01‑2019, was quashed.
Issues considered
- Whether a criminal complaint can be quashed on the ground of an amicable settlement between the parties.
- Whether the High Court can modify its earlier order to the extent of quashing the entire criminal proceeding.
Subjects
- settlement
- criminal proceeding
- quash
- modification of order
- complaint case
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16561 of 2026
In
CRIMINAL MISCELLANEOUS No.23467 of 2019
Arising Out of PS. Case No.-1490 Year-2015 Thana- PATNA COMPLAINT CASE District-
Patna
======================================================
1. BINOD SARAWGI Son of Late Hanuman Sarawgi Resident of Swastik
Fruits Products Pvt. Ltd., Swastik House, Upper Bazar, P.S.- Kotwali,
Ranchi, District - Ranchi.
2. Bishwanath Sarawgi Son of Late Hanuman Sarawgi Resident of Swastik
Fruits Products Pvt. Ltd., Swastik House, Upper Bazar, P.S.- Kotwali,
Ranchi, District - Ranchi.
3. Bijay Sarawgi Son of Late Hanuman Sarawgi Resident of Swastik Fruits
Products Pvt. Ltd., Swastik House, Upper Bazar, P.S.- Kotwali, Ranchi,
District - Ranchi.
4. Leela Sarawgi Wife of Bijay Sarawgi Resident of Swastik Fruits Products
Pvt. Ltd., Swastik House, Upper Bazar, P.S.- Kotwali, Ranchi, District -
Ranchi.
5. Binay Sarawgi Son of Late Hanuman Sarawgi Resident of Swastik Fruits
Products Pvt. Ltd., Swastik House, Upper Bazar, P.S.- Kotwali, Ranchi,
District - Ranchi.
6. Rajiv Ranjan Bakshi Son of Vinod Kumar Bakshi Resident of Swastik Fruits
Products Pvt. Ltd., Swastik House, Upper Bazar, P.S.- Kotwali, Ranchi,
District - Ranchi.
7. Aditya Sarawgi @ Aditya Sharma Son of Sri Bijay Sarawgi Resident of
Swastik Fruits Products Pvt. Ltd., Swastik House, Upper Bazar, P.S.-
Kotwali, Ranchi, District - Ranchi.
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. Ram Niwas Kumar Son of Late Rambachan Sharma Resident of Mohalla -
Chandmari Road, P.S.- Kankarbagh, District - Patna Proprietor of M/s
Ganpati Enterprises
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vinay Mistry
For the Opposite Party/s : Mr. Uma Shankar Prasad Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 11-03-2026 Heard learned counsel for the petitioners and learned
Patna High Court CR. MISC. No.16561 of 2026(2) dt.11-03-2026
2/2
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. 23467 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. 1490(C) of 2015 may be
quashed.
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. 1490(C) of 2015 including the order dated
17.01.2019 passed by Ex-Munsif-cum-Judicial Magistrate, 1st
Class, Patna are hereby quashed.
(Sandeep Kumar, J)
Shishir/-
U T
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