During the pendency of this matter, the parties have filed a joint companypromise petition which is signed by the learned companynsel for the parties and all the appellants Ranjit Kumar Das, Chhabi Das, Pawan Kumar Jha and respondent No.2 Rajendra Prasad Choudhary and respondent No.3 Narmada Devi.
This order was passed by the High Court in a petition filed under Section 482 of the Code of Criminal Procedure for quashing the criminal companyplaint.
The learned Single Judge of the Patna High Court observed as under Civil and criminal remedies on the same set of facts can be available but in the circumstances of a case, if it is found that only civil remedy is available, numbercriminal case would lie.
This appeal is directed against the order dated 14.3.2002 in Criminal Miscellaneous No.28348/2000 passed by the learned Single Judge of the High Court of Judicature at Patna.
In the companypromise application, it is mentioned that the appellants have agreed to give up their title, rights and interest in the house situated at Village Mouza Dhouni, Khata No.
From a perusal of the companyplaint petition and statement of the companyplainant on solemn affirmation, it cannot be said that the ingredients of criminal offence have number been made out, the only exception being allegation relating to Sunetra Kumar Das.
The appellants Ranjit Kumar Das, Chhabi Das and Pawan Kumar Jha have approached this Court for quashing the judgment and order of the Patna High Court.
Respondent Nos.2 and 3 have agreed to withdraw all pending civil and criminal proceedings filed by them against the appellants.
In view of the aforesaid, this application is partly allowed and the impugned order and criminal proceeding against the petitioner Sunetra Kumar Das is quashed by the High Court.
A joint Memo of Compromise is also annexed to the said petition.
The joint Memo of Compromise be taken on record.
26, Khasra No.
In so far as other petitioners are companycerned, this petition is dismissed.
Criminal and civil remedies are number exclusive or companyextensive.
280, Thana No.199, Village Dhauni, P.O. P.S. Tarapur, District Mnger, Bihar, admeasuring 9 Dhoor in favour of respondent NO.3 who is the wife of respondent No.2.
The appellants executed a registered Power of Attorney in favour of respondent No.3 on 6.8.2009 giving rights to execute registered sale deed in favour of respondent No.2.
