Patna High Court
Case Details
Patna High Court Cr.Misc. No.18554 of 2010 (16) dt.01-01-2013 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.18554 of 2010 ====================================================== 1. Asaram Bapu @ Asaram Jee Bapu @ Asaram T. Herpalani S/O Shri Thaumal Sisumalani R/O Saint Sri Asaramji Asram, Sabarmati, P.S. Sabarmati, Distt. Ahmadabad, Gujrat Versus .... .... Petitioner/s 1. The State Of Bihar 2. Kishore Kunal S/O Late Ramchandra Prasad Shahi, Administrator - Cum - O.S.D. Bihar State Religious Trust Board Vidyapati Marg, P.S. Kotwali, Distt. Patna .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.25502 of 2010 ====================================================== Kishore Kunal, S/O-Late Shri Ram Chandra Prasad Shahi, at present President, Bihar State Board of Religious Trusts, Bihar, situated at Vidyapati Marg, Patna, presently resident of Saayan Nilay, goshala Road, Near Sadaquat Ashram, Patna-800010 Versus .... .... Petitioner/s
Legal Reasoning
1. The State Of Bihar 2. Jai Kumar Singh @ Jai Bhai, Son of Sri Hiranand Singh, resident of Sant Sri Asharam Bapu, B. N. Rai Path, Kadamkuan, P.S.- Kadamkuan, Dist-Patna .... .... Opposite Party/s ====================================================== with Criminal Writ No.756 of 2010 ====================================================== Kishore Kunal, S/O-Late Shri Ram Chandra Prasad Shahi, at present President, Bihar State Board of Religious Trusts, Bihar, situated at Vidyapati Marg, Patna, presently resident of Saayan Nilay, goshala Road, Near Sadaquat Ashram, Patna-800010 .... .... Petitioner/s Versus 1. The State Of Bihar through Director General of Police, State of Bihar, Old Secretariate, Patna 2. Jai Kumar Singh @ Jai Bhai, Son of Sri Hiranand Singh, resident of Sant Sri Asharam Bapu, B. N. Rai Path, Kadamkuan, P.S.- Kadamkuan, Dist-Patna .... .... Respondent/s ====================================================== For the Petitioner/s : Mr. Rajendra Pd. Singh (Sr. Advocate) Mr. Rajeev Kr. Singh (Advocate) For the Opposite Party/s : Mr. Ashutosh Kumar (Advocate) Mr. Shekhar Singh (Advocate) For the State : Mr. S. Dayal (A.P.P.) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 16 07-01-2013 Cr. Misc. No. 18554 of 2010 has been filed for quashing the order dated 21.01.2010 passed by Miss Divya Patna High Court Cr.Misc. No.18554 of 2010 (16) dt.01-01-2013 Vashishtha, Judicial Magistrate, 1st Class, Patna in Complaint Case No. 1420 C of 2009 by which and whereunder learned Judicial Magistrate having found prima facie case under Sections 508, 500, 120 B, 109 of the Indian Penal Code took cognizance for the offences and ordered to issue summons against the petitioner in Cr. Misc. No. 18554 of 2010 and others. The aforesaid compliant case bearing Complaint Case No. 1420 C of 2009 was filed by Opposite Party No. 2 in the court of Chief Judicial Magistrate, Patna who sent the aforesaid complaint case to the court of Miss Divya Vashishtha, Judicial Magistrate, 1st Class, Patna for enquiry and trial and after enquiry, the learned Judicial Magistrate passed the above stated impugned order dated 21.01.2010. Cr. Misc. No. 25502 of 2010 has been filed by Kishore Kunal, who happens to be complainant in Complaint Case No. 1420 C of 2009, against order dated 05.06.2010 passed in Complaint Case No. 1358 C of 2009 by which and whereunder Miss Divya Vashishtha, Judicial Magistrate, 1st Class, Patna took cognizance for the offences under Sections 342, 324, 427, 147, 403, 447, 109 and 120 B of the Indian Penal Code against the petitioner in Cr. Misc. No. 25502 of 2010 and ordered to issue summons against him to procure his attendance for facing trial. Patna High Court Cr.Misc. No.18554 of 2010 (16) dt.01-01-2013 Cr.W.J.C. No. 756 of 2010 has been filed by Kishore Kunal, who happens to be complainant in Complaint Case No. 1420 C of 2009 as well as accused in Complaint Case No. 1358 C of 2009, for issuance of writ/order/direction including the writ of certiorari for quashing the order dated 20.07.2010 passed in Complaint Case No. 1358 C of 2009 by Miss Divya Vashishtha, Judicial Magistrate, 1st Class, Patna by which non bailable warrant of arrest has been issued against him in the aforesaid Complaint Case No. 1358 C of 2009. Learned counsel appearing in Cr. Misc. No. 18554 of 2010 submits that in the light of order passed by learned Additional Sessions Judge-II, Patna in Execution Case No. /Miscellaneous Case No. 02 of 2008, the Nazir of the civil court along with complainant in Complaint Case No. 1420 C of 2009 went on the place of occurrence to execute the order of the court and in that course, dispute arose between the parties and both the parties filed case and counter case against each others and the learned Judicial Magistrate has taken cognizance for the offences in both the cases. It is further contended by him that now parties have amicably settled their dispute outside the court and both the parties do not want to proceed with their respective cases. It is further contended by him that even if some of the offences are not Patna High Court Cr.Misc. No.18554 of 2010 (16) dt.01-01-2013 compoundable in nature, then also, it would be futile exercise to direct the parties to face trial before the court because the fate of both cases are well known and, therefore, this Court should exercise its power vested under Section 482 of the Cr.P.C. to check the abuse of process of the court. Learned counsel appearing for Opposite Party No. 2, Kishore Kunal, who is applicant in Cr. Misc. No. 25502 of 2010 as well as Cr.W.J.C. No. 756 of 2010 seconded the above stated submission of learned counsel appearing in Cr. Misc. No. 18554 of 2010. It is further contended by him that when the parties are not ready to contest their cases and they have amicably settled their dispute outside the court, there is no need to direct the parties to face trial in their respective cases and the cases filed by the parties against each others must be quashed so that good feelings between the parties could be restored. In view of the submissions of both the parties, all the above stated petitions were taken together and are being disposed of by this common order. No doubt, some of the offences in which the cognizance has been taken are appears to be non bailable but I am in full agreement with learned counsel of the parties that when the parties have already settled their dispute amicably outside the Patna High Court Cr.Misc. No.18554 of 2010 (16) dt.01-01-2013 court and no public policy is involved in both the cases, there is no need to proceed further with both the above stated cases and this Court should exercise its power vested under Section 482 of the Cr.P.C. On the basis of aforesaid discussions, Complaint Case No. 1420 C of 2009 and Complaint Case No. 1358 C of 2009 pending in the court of Miss Divya Vashishtha, Judicial Magistrate, 1st Class, Patna are quashed and accordingly, Cr. Misc. No. 18554 of 2010 and Cr. Misc. No. 25502 of 2010 are allowed on admission stage itself whereas Cr.W.J.C. No. 756 of 2010 stands dismissed being infructuous. SHAHZAD/- (Hemant Kumar Srivastava, J)