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Patna High Court

BINOD SARAWGIversusThe State of Bihar

Decided
Disposal
ALLOWED

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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