Ranvijay Kumar Sinha and Another vs State of Bihar and Another

Mridula Mishra, J.—Counsel for the petitioner in Cr. Misc. No. 34805 of 2006 prays to implead Sobha Rani Sinha as opposite party No. 2 who is the complainant. Prayer is allowed. Supplementary affidavits have been filed on behalf of petitioners in both Cr. Misc. Applications. These supplementary affidavits have, been filed in terms of compromise. Cr. Misc. No. 18670 of 2005 has been filed for quashing the order dated 15.6.2004 passed in Complaint Case No. 482 of 2004 whereby cognizance has been taken by the Judicial Magistrate, 1st Class, Gaya for offence under Sections 420, 406, 323 and 504 of the Indian Penal Code. Cr. Misc. No. 34805 of 2006 has been filed for quashing the order dated 25.5.2004 passed in Complaint Case No. 400 of 2004 whereby cognizance has been taken by the Judicial Magistrate, 1st Class, Gaya. Both the cases are pending in the Court of Judicial Magistrate, 1st Class, Gaya. In the supplementary affidavits filed by the petitioners in both the cases it has been stated that the complainant in both the cases have decided not to pursue the complaint case and now they have no claim and liability against each other.

Considering the fact two complaint cases bearing Complaint Case No. 482 of 2004 and Complaint Case No. 400 of 2004 is quashed. However it is made clear that one of the accused Bachan Prasad who is accused in Complaint Case No. 400 of 2004 has not approached this Court for quashing of the order taking cognizance. Considering the fact that complainant is not willing to pursue the proceeding of Complaint Case No. 482 of 2004 and Complaint Case No. 400 of 2004 as stated in the supplementary affidavits, criminal proceedings against all accused in Complaint Case No. 400 of 2004 and 482 of 2004 is quashed. Both the cases are allowed in terms of the compromise.