Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.5002 of 2011 ====================================================== 1. Anil Kumar Singh Bindeshwar Prasad Singh R/O,Vill.-Patedha Bujurg,P.S.-Vaishali Sarai Saiyad Ali,P.S.-Kazi Mohammadpur,Dist.- Muzaffarpur .... .... Petitioner/s Versus 1. The State Of Bihar 2. Kaushal Kishore Chaudhary Surya Kant Chaudhary R/O,Mohll.- Kalambag Road,P.S.-Kazimohammadpur,Dist.-Muzaffarpur .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sunil Kumar Pandey, Adv. For the State : Mrs. Suchita Yadav, APP. For the O.P.No.2 : Mr. Vasant Vikas, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 5 19-07-2012 Heard learned counsel for the petitioner, for the State and for the O.P.No.2. In this case, petitioner is making a prayer for quashing the order dated 30th September 2010 by which the court below has refused to discharge the petitioner and proceeded for framing charge against him. From the record it appears that on Kaushal Kishore Choudhary O.P.No.2 filed Complaint Case No. 1473 of 2003 before the Chief Judicial Magistrate on 4th July 2003 making allegation that he paid Rs.40,000/- to the petitioner when he was in dire need of money and he had suggested that he would execute the land in his favour and in pursuance thereof, he had executed a deed of agreement for sale. It has further been alleged that neither Patna High Court Cr.Misc. No.5002 of 2011 (5) dt.19-07-2012 2 / 3 2 the sale deed of land was executed in his favour nor the money was returned. The complainant approached the petitioner for return of the said amount but on one excuse or the other he did not return the money and misappropriated the same. The reason for delay in filing the complaint has been shown that he was contesting the election. On the basis of S.A. and the examination of witnesses the court below has taken cognizance [STATUTE] 245 Cr.P.C for being discharged from the case claiming the case to be of civil nature but the court found that there are sufficient material available on the record, accordingly dismissed the discharge petition and proceeded for framing of charge which has been challenged before this Court. While the matter was going on, at the instance of Court, the petitioner was agreeable to pay Rs.45,000/-, i.e. Rs.40,000/- as the original money and Rs.5,000/- as compensation). Accordingly, this Court passed the order on 4th July 2012 for taking instruction with regard to readiness of petitioner to return the money which had been taken by him from the complainant. To-day counsel for the petitioner has produced two Demand Drafts vide DD Nos. 613440 dated 28th June 2012 for Patna High Court Cr.Misc. No.5002 of 2011 (5) dt.19-07-2012 3 / 3 3 Rs.30,000/- and 613512 dated 11th July 2012 for Rs.15,000/- for payment to the O.P.No.2 who is agreeable to the proposal of the petitioner. He submits that now he has no longer any interest to proceed with the matter against the petitioner. In this view of the matter, it will be unnecessary that the criminal prosecution should continue. The money claimed has been agreed to be paid by the petitioner as the same has been accepted by the counsel for O.P.N.o. 2 without any demur accordingly the aforesaid Demand Drafts are being handed over to the O.P.No.2 by way of full and final settlement of all dispute between the parties and there is nothing left in between the parties to be settled in the court of law. In this view of the matter, continuation of proceeding will be nothing but unnecessary burden to the Court. The order dated 30th September 2010 passed against the petitioner is set aside and the petitioner is discharged from Complaint Case No. 1473 of 2003 (Tr.No. 1712 of 2010). Accordingly, this petition is allowed but without any costs. Jay/- (Shivaji Pandey, J)

Applicable IPC Section: 504

Statute Text:
Section 504 of the Indian Penal Code. Insult intended to provoke breach of the peace. Whoever intentionally insults, and thereby gives provocation to any person, intending or knowing it to be likely that such provocation will cause him to break the public peace, or to commit any other offence, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.