Court Decides To Quash The Case When The Parties Agree On Settlement: Patna High Court
Title: Deepak Kumar v State of Bihar
Citation: CR. MISC. No.40319 of 2022
Decided On: 01-11-2023
Coram: Honourable Mr. Justice Satyavrat Verma
Introduction:
The present quashing application has been filed seeking quashing of the order dated 21.03.2022 passed by the learned Sub-Divisional Judicial Magistrate, Sheikhpura in connection with Sheikhpura Mahila P.S. Case No. 38 of 2019, G.R. No. 674 of 2019 whereby charges have been framed against the petitioners under Sections 341, 323, 354(B), 504, 452 and 506/34 of the Indian Penal Code.
Facts:
Learned counsel for the petitioners submits that petitioners have been falsely implicated in the present case. It is further submitted that after the police submitted charge-sheet, cognizance was taken and after framing of the charges, on intervention of the well wishers, the parties have compromised the case. It is next submitted that the opposite party herein does not intend to pursue with the case or the trial.
Mr. Purushotam Sharma, learned counsel appearing on behalf of the opposite party concurs with the submission of the learned counsel for the petitioners and submits that he has instruction to make submissions on behalf of the opposite party that the opposite party does not have any objection in the event if the order dated 21.03.2022 passed by the learned Sub- Divisional Judicial Magistrate.
Court’s Analysis and Judgement:
Considering the submissions made by the learned counsel for the opposite party and evaluating that both the parties agree on the settlement and there is no party who wants to pursue the case. The court quashed the Case No. 38 of 2019, G.R. No. 674 of 2019 whereby charges have been framed against the petitioners under Sections 341, 323, 354(B), 504, 452 and 506/34 of the Indian Penal Code.
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Written By : Sushant Kumar Sharma