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Patna High Court

MD. YASIN ANSARI @ MD. YASIM ANSARIversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The High Court allowed the application and quashed the pending criminal cases on the ground of settlement.

Summary

The petitioners, a group of members of the Ansari family, filed an application before the Patna High Court seeking quash of several criminal proceedings pending before the Chief Judicial Magistrate, Supaul. They asserted that the parties had reached a settlement and would not be aggrieved by the dismissal of the cases. The counsel for the opposite party (Jahani Khatoon) also affirmed the settlement. The Court, after hearing the parties, held that the settlement justified quashing the proceedings and ordered the dismissal of Supaul P.S. Case No. 347 of 2018, Complaint Cases No. 710 of 2014, 716 of 2017, and 663 of 2017, along with any consequential proceedings. The order was communicated to the Principal District and Sessions Judge for compliance.

Issues considered

  • Can criminal proceedings be quashed on the basis of a settlement between the parties?
  • Does the High Court have jurisdiction to dismiss pending criminal cases upon an application supported by both parties?

Subjects

  • criminal procedure
  • quash of criminal proceedings
  • settlement
  • compromise
  • High Court order
  • jurisdiction

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.64691 of 2019
                        Arising Out of PS. Case No.-347 Year-2018 Thana- SUPAUL District- Supaul
                 ======================================================
           1.     MD. YASIN ANSARI @ MD. YASIM ANSARI Son of Late Md. Rahmat
                  Ansari Resident of Village-Kharail Punarwas, Ward No.16, Town, P.S. and
                  District-Supaul
           2.    Md. Hasim Ansari Son of Late Md. Rahmat Ansari Resident of Village-
                 Kharail Punarwas, Ward No.16, Town, P.S. and District-Supaul
           3.    Md. Kasim Ansari Son of Late Md. Rahmat Ansari Resident of Village-
                 Kharail Punarwas, Ward No.16, Town, P.S. and District-Supaul
           4.    Md. Hallo Ansari Son of Late Md. Rahmat Ansari Resident of Village-
                 Kharail Punarwas, Ward No.16, Town, P.S. and District-Supaul
           5.    Md. Illiyas Ansari Son of Md. Yasin Ansari Resident of Village-Kharail
                 Punarwas, Ward No.16, Town, P.S. and District-Supaul
           6.    Md. Gulo Ansari Son of Late Ayub Ansari Resident of Village-Kharail
                 Punarwas, Ward No.16, Town, P.S. and District-Supaul
           7.    Md. Daud Ansari Son of Md. Hallo Ansari Resident of Village-Kharail
                 Punarwas, Ward No.16, Town, P.S. and District-Supaul
           8.    Md. Umar Ansari Son of Md. Hasim Ansari Resident of Village-Kharail
                 Punarwas, Ward No.16, Town, P.S. and District-Supaul
           9.    Md. Naushad Ansari Son of Md. Hasim Ansari Resident of Village-Kharail
                 Punarwas, Ward No.16, Town, P.S. and District-Supaul
           10. Md. Adam Ansari Son of Md. Hallo Ansari Resident of Village-Kharail
               Punarwas, Ward No.16, Town, P.S. and District-Supaul
           11. Saheeda Khatoon Wife of Md. Illiyas Ansari Resident of Village-Kharail
               Punarwas, Ward No.16, Town, P.S. and District-Supaul
           12. Taibun Khatoon Wife of Md. Hasim Ansari Resident of Village-Kharail
               Punarwas, Ward No.16, Town, P.S. and District-Supaul
           13. Bhutkunia Khatoon Wife of Md. Hallo Ansari Resident of Village-Kharail
               Punarwas, Ward No.16, Town, P.S. and District-Supaul
                                                                    ... ... Petitioner/s
                                               Versus
           1. The State of Bihar Bihar
           2.     Jahani Khatoon W/O- Lal Mohammad Ansari, R/O- Mohalla- Kharail
                  Punarwas, Ward No. 16, P.S.-Supaul, Town-Supaul
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Vijay Kumar
                 For the Opposite Party/s :       Mr.Arun Kumar Pandey
                 For the O.P. No. 02      :       Mr. Jitendra Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

4   29-01-2026                   Heard the parties.

                                2. This application has been filed on behalf of the
          Patna High Court CR. MISC. No.64691 of 2019(4) dt.29-01-2026
                                                      2/2




                    petitioner for quashing the order dated 25.06.2019 passed by the

                    learned Chief Judicial Magistrate, Supaul in Supaul P.S. Case

                    No. 347 of 2018 / G.R. No. 1156 of 2018.

                                  3. Learned counsel for the petitioner submits that the

                    parties have agreed to settle their dispute and they will not be

                    aggrieved if the present case and other criminal cases will be

                    quashed.

                                  4. Learned counsel for the opposite party no. 02 also

                    supported the aforesaid statement of the learned counsel for the

                    petitioner.

                                  5. In view of the above, this application is allowed

                    and accordingly Supaul P.S. Case No. 347 of 2018, Complaint

                    Case No. 710 of 2014, Complaint Case No. 716 of 2017 and

                    Supaul P.S. Case No. 663 of 2017, are hereby quashed and all

                    consequential proceedings arising therefrom are also hereby

                    quashed against all the accused persons.

                                  6. Let a copy of this order be communicated to the

                    Principal District and Sessions Judge, Supaul through FAX for

                    its compliance.


                                                                  (Sandeep Kumar, J)
Vikas/-
U


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