Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.201 of 2011 ====================================================== 1. C.D. Menon Shri R.D.Menon Padmaja Courts-Ii,Flat No.402,Plot No.72,Srinagar Colony,Hyderabad. 2. Minoo R.Shroff Shri R.D.Shroff Mahendra Towers 3rd Floor,Flat No.2,Worli,Mumbai-80. 3. A.P.Kurian Shri Late Peter 9,Friendship,23rd Road,Tps Iii,Bandra West,Mumbai-400 050. 4. Sridhar Chari Late V.V.Chari 8th Floor,Lumbini Lake View Apartments,Raj Bhavan Road,Somajiguda,Hyderbad. 5. Kanumuru Satyanarayana Raju Shri K.V.K.Raju Plot No.933a,Digvijayam,Road No.47,Jubilee Hills. .... .... Petitioner/s Versus 1. The State Of Bihar 2. Raj Kumar Yadav Late A.Prasad Yadav Road No.10,Indrapuri Ps- Patliputra,District-Patna. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sanjeev Kumar, Adv. For the State : Mr. Mr. A.C.Chaudhary, APP For the O.P.No.2 : Mr. Danjiv Sharan, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 9 01-10-2012 Heard learned counsel for the petitioners and the State. In this case petitioners are challenging are the jurisdiction of this Court and are making a prayer for quashing the order dated 12th June 2008 passed in Complaint Case No. 582© of 2008 for the offences under [STATUTE] . It appears from the record that the O.P.No.2 had invested the money in Nagarjuna Finance Company through its workers having given impression of good return but, on maturity, Patna High Court Cr.Misc. No.201 of 2011 (9) dt.01-10-2012 2 / 2 2 money was not paid to him which led to filing of this case. During the pendency of this case, parties have settled the dispute and to-day an affidavit to that effect has been filed by the petitioners wherein in Para-3 it has been mentioned as follows: “Para-3 : That I have approached Mahalaxmi Factories and accordingly I have received full and final payment against our deposit to my satisfaction. Henceforth, I don’t want to pursue litigation against the petitioners and also against Mahalaxmi Factories for the amount in question.” In view of the fact that it is a money dispute between the parties and they have settled the dispute outside the Court and in view of judgment reported in 2012(1) PLJR 333 (SC) (Shiji v. Radhika), this Court is of the view that it will be unnecessary prolongation of the case in the court below, the order impugned, so far it relates to the petitioners is hereby quashed and this petition is allowed Jay/- (Shivaji Pandey, J)

Applicable IPC Section: 406

Statute Text:
Section 406 of the Indian Penal Code. Criminal breach of trust. Whoever commits criminal breach of trust shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.