Case Facts:
Patna High Court Cr.Misc. No.8901 of 2012 (4) dt.28-09-2012 1 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.8901 of 2012 ====================================================== Vikrant Kishore son of late Ram Kishore Choudhary, resident of Mohalla- Urwashi, New Area Sikandarpur, Akharaghat, P.S.-Town, District- Muzaffarpur. .... .... Petitioner/s Versus 1. The State of Bihar & 2. Ranjeet Kumar, son of Mahesh Prasad, resident of Mohalla-Danka Imli, Post-Guljarbagh, P.S.-Alamganj, District- Patna .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Bhavesh Kumar, Advocate For the Opposite Party/s : APP Mr. Kali Prasanna Dubey, Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 4/ 28-09-2012 The Petitioner seeks quashing of the entire proceeding including order dated 29.11.2011 passed by the Judicial Magistrate, 1st class, Patna, in Protest-cum- Complaint Petition No.1877-C of 2011 arising out of Pirbahore P.S. Case No.48 of 2010 by which cognizance has been taken under [STATUTE] . The background fact of the case is that initially Pirbahore P.S. Case No.48 of 2010 was instituted against the Petitioner and others for having committed theft in the shop located in Khetan Market. After due investigation, the case ended in final report. In the meanwhile, the Petitioner also filed a Complaint bearing Complaint Case No.161-C of 2010 before the Chief Judicial Magistrate, Muzaffapur on 22.01.2010 in which Patna High Court Cr.Misc. No.8901 of 2012 (4) dt.28-09-2012 2 cognizance has been taken and the Opposite Party No.2 and others have been proceeded against. The facts of the case reveal that the parties were well known to each other and at one point in time were transacting business between themselves. Some disputes appear to have arisen between them on account of which two cases have been filed. It has been asserted by the parties that only two cases have been filed by each other. In such situation, the parties earlier volunteered to explore the possibility of settlement so that their business relations may not sour any further. Today, counsels appearing on behalf of the respective parties submit that the cases filed by each of them be quashed by this Court and they undertake not to proceed any further in such manner in future. In view of the bi-lateral agreement and looking into their interest, entire proceeding including order dated 29.11.2011 passed by Sri Amit Raj, Judicial Magistrate, 1st class, Patna, in Protest-cum- Complaint Petition No.1877-C of 2011 arising out of Pirbahore P.S. Case No.48 of 2010 as well as entire proceeding in Complaint Case No.161 of 2010 pending before Smt. Anandita Singh, Judicial Magistrate, 1st class, Muzaffarpur, are hereby Patna High Court Cr.Misc. No.8901 of 2012 (4) dt.28-09-2012 3 quashed. Application stands allowed. Let this order be communicated to both the Court through FAX at the cost of the Petitioner. JA/- (Anjana Prakash, J)

Applicable IPC Section: 379

Statute Text:
Section 379 of the Indian Penal Code. Theft. Whoever commits theft shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.