Patna High CourtDr. Bindeshwar Pathak vs State Of Bihar & Anr on 20 April, 2010Author:Shiva Kirti SinghBench:Shiva Kirti SinghCriminal Miscellaneous No.1444 OF 1998
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        In the matter of an application underSection 482of the Code of
        Criminal Procedure.
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        Dr Bindeshwar Pathak, son of Late Ramakant Pathak, resident of
        village- Rampur Bhagel, Police Station Desri, District Vaishali, at
        present resident of Patliputra Colony, Police Station Patliputra, district
        Patna
                                                           ..... Petitioner
                                        VERSUS
        1. The State of Bihar
        2. Ram Sukumar Jha, son of Late Tapeshwar Jha, resident of village
        Siho, Police Station Sakra, District Muzaffarpur, at present residence of
        Energy International, Agamkuan, Police Station Alamganj, District
        Patna                                       ...... Opposite parties.
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        For the Petitioner      : Mr S.Alamdar Hussain, Advocate
        For the State          : Ms Veena Kumari Jaiswal, APP
        For the Opposite Party : Mr G.K.Jha, Advocate
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                                     PRESENT

              THE HON'BLE MR. JUSTICE SHIVA KIRTI SINGH


Shiva Kirti Singh, J.      Heard learned counsel for the petitioner, learned

        counsel for the State and learned counsel appearing for the

        complainant, opposite party no.2.

                     2.     Petitioner has prayed for quashing of order dated

        25.9.1997passed by the Judicial Magistrate 1st class, Patna in

        Complaint Case No.473 (c) 97 leading to T.R.1181/97 relating to

        offences underSections 504and323of the Indian Penal Code.23.    Learned counsel for the petitioner has submitted on

the basis of Annexure-2 that because of being business rivals at the

relevant time some other cases were also pending between the parties

which were subsequently compromised as would appear from joint

petition of compromise in Complaint Case No.194 (c) 88 filed before

Sub Divisional Judicial Magistrate, Sadar, Patna. It has been submitted

that this case is also under simple and compoundable sections of theIPCand photocopy of order-sheet of the court below has been produced

to show that on 22.1.2000 the complainant filed a petition for

withdrawal of the complaint underSection 257of the Code of Criminal

Procedure. The same was moved on 1.3.2000 but the court below

expressed its inability to deal with the petition on account of interim

stay operating in the present case pending before this Court.4.     Learned counsel for the complainant expresses

ignorance about the application filed in the court below to submit that if

the parties have compromised their differences as appears from the

order- sheet of the court below then the matter should be left to the

court below for disposal on the basis of withdrawal petition filed by the

complainant. On the other hand, learned counsel for the petitioner

submits that for superfluous and minor offence the case has remained

pending for about 13 years and for such offence the petitioner should3not be sent back to the trial court, particularly when the case has

remained stayed under orders of this Court since 1998.5.      Considering the superfluous allegations in the

complaint petition of simple abuse and allegation of one or two slaps

being given by the petitioner while he was sitting in a car and the

complainant was standing outside, it is not in the interest of justice to

allow this case to remain pending any further, particularly when the

order-sheet of the court below shows that in the year 2000 itself, an

application underSection 257of the Code of Criminal Procedure was

filed for withdrawal of the complaint case.6. Having considered the entire facts and circumstances,

the prayer for quashing is allowed and the impugned order of

cognizance as well as the entire proceeding of the complaint case are

hereby quashed.7. Let the photocopy of the order-sheet of the court below

be kept on record.(Shiva Kirti Singh, J.)

Patna High Court
The 20th April, 2010
NAFR/ S.Kumar