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Patna High Court

Shashi Shankar RoyversusThe State Of Bihar and Ors

Decided
Disposal
DISPOSED

Holding

The court quashed the order taking cognizance and the ensuing criminal proceedings in view of the compromise and full settlement.

Summary

Shashi Shankar Roy filed a criminal complaint (Case No. 2106 of 2014) in which the court took cognizance under Section 418 of the IPC and Section 138 of the Negotiable Instruments Act. The petitioner was dissatisfied that cognizance was not taken for other alleged offences and later reached a compromise with the accused regarding the Section 138 offence, receiving Rs. 3,75,000 as full and final settlement. A supplementary affidavit containing the compromise petition was filed, which the opposite parties accepted. The High Court, considering the compromise, set aside the earlier order dated 27.05.2015 that had taken cognizance and quashed all subsequent criminal proceedings. Consequently, the petition was allowed.

Issues considered

  • What is the effect of a compromise and full settlement on criminal proceedings instituted under Section 138 of the Negotiable Instruments Act and Section 418 of the IPC?

Legislation cited

Subjects

  • compromise
  • settlement
  • quash
  • cognizance
  • Section 138 NI Act
  • Section 418 IPC
  • criminal procedure

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.42966 of 2015
                   Arising Out of PS. Case No.-2106 Year-2014 Thana- BHAGALPUR COMPLAINT CASE
                                                     District- Bhagalpur
                  ======================================================
                  Shashi Shankar Roy Son of Late Banarsi Roy, Resident of Village -
                  Bhikhanpur, P.S. - Ishakchak, District - Bhagalpur.

                                                                               ... ... Petitioner/s
                                                     Versus
            1.    The State Of Bihar and Ors
            2.    Alok Kumar Singh, Son of Dhananjay Singh,
            3.    Vijay Yadav, Son of Late Mohan Yadav,
            4.    Mritunjay Yadav, Son of Vijay Yadav,
            5.    Pakko Yadav, Son of Vijay Yadav, All are the resident of village - Rasulganj,
                  P.S. - Lodipur, District - Bhagalpur.

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :    Mr.Swapnil Kumar Singh, Adv.
                  For the State            :    Mr.Ajay Kumar Jha, APP
                  For the O.P. Nos. 2 to 5 :    Mrs. Geeta Kumari Jha, Adv.
                                                Mr. Ashuthosh Kumar. Adv.
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
                                        ORAL ORDER

15   06-02-2026                  At the outset, learned counsel for the petitioner seeks

                    permission to file hard copy of the supplementary affidavit, soft

                    copy of which has already been filed.

                                 2. Permission as sought above is granted.

                                 3. Let the hard copy of the supplementary affidavit be

                    kept on record.

                                 4. Learned counsel for the petitioner submits that the

                    petitioner filed Complaint Case No. 2106 of 2014, in which, by

                    the impugned order, cognizance has been taken under Section

                    418 of the Indian Penal Code and Section 138 of the Negotiable
            Patna High Court CR. MISC. No.42966 of 2015(15) dt.06-02-2026
                                                        2/2




                      Instruments Act, but the petitioner was aggrieved by the non-

                      taking of cognizance under other serious offences. However,

                      due to the efforts made by the well-wishers of both the parties,

                      the petitioner’s main grievance with regard to the offence under

                      Section 138 of the N.I. Act has been redressed and he has

                      received Rs. 3,75,000/- as full and final settlement. With regard

                      to the said settlement, a supplementary affidavit has been filed,

                      annexing a copy of the compromise petition.

                                   5. Learned counsel for the opposite parties Nos. 2 to 5

                      accepts the aforesaid factum of the compromise.

                                   6. Considering the aforesaid submissions and taking

                      into account the compromise entered into by both the parties,

                      the order dated 27.05.2015, taking cognizance of the alleged

                      offences, and the subsequent entire criminal proceedings arising

                      pursuant to the said order, are hereby set aside/quashed.

                                   7. Accordingly, the instant petition stands allowed.




                                                (Shailendra Singh, J)
BKS/-

U       T


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