Patna High Court

Uzra Bano and OrsversusState of Bihar and Anr

Decided: 20 January 2026
Disposal: ALLOWED
Bench: SANDEEP KUMAR

Holding

The application is allowed and the order of the Judicial Magistrate dated 06-10-2018 is quashed.

Summary

The petitioners, comprising Uzra Bano and her sons, were accused in a complaint of assaulting and stealing Rs.30,000 from the complainant. They filed an application to quash the order dated 06-10-2018 passed by the Judicial Magistrate, Second Class, Patna, asserting that the dispute had been settled between the parties. The counsel for the opposite party No.02, representing the complainant, concurred with this claim of settlement. The Court, noting the mutual settlement, allowed the petition and set aside the magistrate’s order, thereby quashing the criminal proceedings against the accused. Consequently, the order of the magistrate was vacated and the case was dismissed.

Issues considered

Whether a criminal proceeding can be quashed on the ground that the parties have settled the dispute
Whether the settlement bars continuation of the criminal complaint under the Criminal Procedure Code

Subjects

settlement
criminal procedure
quash order
assault
theft
complaint case
compounding of offences

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.8932 of 2019
                 Arising Out of PS. Case No.-3467 Year-2018 Thana- PATNA COMPLAINT CASE District-
                                                          Patna
                 ======================================================
           1.     Uzra Bano and Ors W/o Gayas Ahmed Resident of Bauli Mohalla, Choti
                  Masjid, House of Musaraf Contractor, P.O. and P.S. Phulwarisharif, District -
                  Patna.
           2.    Afroz Alam @ Pappu Khan Son of Gayas Ahmed Resident of Bauli
                 Mohalla, Choti Masjid, House of Musaraf Contractor, P.O. and P.S.
                 Phulwarisharif, District - Patna.
           3.    Md. Perwez Alam @ Pervez Alam S/o Gayas Ahmed Resident of Bauli
                 Mohalla, Choti Masjid, House of Musaraf Contractor, P.O. and P.S.
                 Phulwarisharif, District - Patna.
           4.    Zahid Alam Son of Gayas Ahmed Resident of Bauli Mohalla, Choti Masjid,
                 House of Musaraf Contractor, P.O. and P.S. Phulwarisharif, District - Patna.
           5.    Md. Azaz Alam @ Kamar @ Azaz Alam Son of Gayas Ahmed Resident of
                 Bauli Mohalla, Choti Masjid, House of Musaraf Contractor, P.O. and P.S.
                 Phulwarisharif, District - Patna.
           6.    Md. Imteyaz Alam @ Imteyaz Alam Son of Gayas Ahmed Resident of Naya
                 Tola, Near Jama Masjid, P.O. and P.S. Phulwarisharif, District - Patna.

                                                                               ... ... Petitioner/s
                                                     Versus
           1.    State of Bihar Bihar
           2.    Gayas Ahmed Son of Late Abdul Aziz Resident of Lal Miya Ki Dargah, P.O.
                 and P.S. Phulwarisharif, District - Patna presently residing at Near Chawal
                 Mandi Gate, Chitkohra Bazar, P.S. Gardanibagh, District Patna.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr.Gautam Kumar Kejriwal
                 For the Opposite Party/s :    Mr.Sanjay Kumar Singh
                 For the O.P. No. 02      :    Mr. Abhishek Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

4   20-01-2026                     Heard the parties including Mr. Abhishek Kumar

                   who is appearing on behalf of the opposite party no. 02. Mr.

                   Abhishek Kumar is directed to file his Vakalatnama in the

                   Office.
          Patna High Court CR. MISC. No.8932 of 2019(4) dt.20-01-2026
                                                      2/2




                                  2. This application has been filed on behalf of the

                    petitioners for quashing the order dated 06.10.2018 passed by

                    the Judicial Magistrate, Second Class, Patna in Complaint Case

                    No. 3467 © of 2018.

                                 3. Upon perusal of the complaint petition, it appears

                    that the petitioner no. 1 is the wife of the complainant and

                    petitioner nos. 2 to 6 are the sons of the complainant and they

                    are alleged to have assaulted the complainant and snatched Rs.

                    30000/- and other articles from him.

                                 4. Learned counsel for the petitioners has submitted

                    that the matter has already been settled between the parties.

                                 5. The aforesaid submission has been supported by

                    the learned counsel for the opposite party no. 02.

                                 6. In view of the above, since the matter has been

                    settled, this application is allowed.

                                 7. Accordingly, the order dated 06.10.2018 passed by

                    the Judicial Magistrate, Second Class, Patna in Complaint Case

                    No. 3467 © of 2018 is hereby quashed against all the accused

                    persons.


                                                             (Sandeep Kumar, J)
Vikas/-
U

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