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Patna High Court

Surya Prakash Jaiswal, Managing Director Cum Authorised SignatoryversusThe State of Bihar

Decided
Disposal
ALLOWED
Bench
ANSUL

Holding

The petition is allowed and the magistrate's order dated 14.11.2022 is quashed on account of the parties' compromise.

Summary

The petition arose from Complaint Case No. 2668 of 2020 where the complainant could not be served notice as he had vacated the premises. The petitioner filed a second supplementary affidavit presenting a compromise agreement signed by all parties, asserting that no dispute remained. The High Court examined whether the order dated 14 November 2022 passed by the Judicial Magistrate, 1st Class, Patna, could stand in light of the compromise and the service defect. Relying on the compromise, the Court allowed the petition and quashed the magistrate's order. The Court, however, granted the opposite parties liberty to seek review if any material fact was omitted.

Issues considered

  • Whether a criminal complaint order can be set aside on the ground of a compromise between the parties.
  • Whether the failure to serve notice to the complainant affects the validity of the magistrate's order.

Subjects

  • compromise
  • criminal procedure
  • quash order
  • service of notice
  • High Court
  • petition

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.33766 of 2023
                 Arising Out of PS. Case No.-2668 Year-2020 Thana- PATNA COMPLAINT CASE District-
                                                          Patna
                 ======================================================
                 Surya Prakash Jaiswal, Managing Director Cum Authorised Signatory Not
                 Given M/S Prakash Sons Merchandise Pvt. Ltd. House No- B-30/2A, 27A,
                 Mohalla- Lanka Ps- Lanka Town Varansi State- UP

                                                                               ... ... Petitioner/s
                                                     Versus
           1.    The State of Bihar
           2.    M/S Birla Steels through their Partner Namly Ravi Kumar Poddar son of
                 Shiv Bhagwan Poddar 1st Floor, Suprabhat Building, Near CEAT
                 Compound, Mohalla- Exhibition road, Ps- Gandhi Maidan town- Patna
           3.    M/S Prakash Sons Merchandise Pvt. Ltd, through their Authorized Signatory
                 Surya Prakash Jaiswal Not Given House No- B-30/2A, 27A Mohalla- Lanka
                 Ps- Lanka Town Varansi State- U.P

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    M/s Ranvijay Narain singh, Dharmendra Kr Singh,
                                                   Advocates
                 For the Opposite Party/s :    Mr.Arun Kumar Pandey
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANSUL
                                       ORAL ORDER

5   20-04-2026                   Heard learned counsel for the petitioner and the

                   learned APP for the State.

                                 2 Notice was issued to the complainant but it could

                   not be served as the service report says that the complainant has

                   vacated the floor.

                                 3 The learned counsel for the petitioner, by filing

                   second supplementary affidavit, has brought on record the

                   compromise petition entered into between the parties and he

                   says that both the parties have signed the compromise
           Patna High Court CR. MISC. No.33766 of 2023(5) dt.20-04-2026
                                                       2/2




                     agreement and no dispute remains pending between them.

                                  4 The instant petition is allowed in view of

                     compromise and the order dated 14.11.2022 passed by the

                     learned Judicial Magistrate, 01st Class, Patna in Complaint Case

                     No 2668 of 2020 is quashed.

                                  5 However, Opposite Parties No 2 and 3 are given

                     liberty to move this Court in review if any fact relevant for

                     adjudication has skipped herein.



                                                      (Ansul, J)
M.E.H./-

U      T


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