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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