Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.39608 of 2011 ====================================================== 1. Praveen Chaturvedi (General Manager) S/o Sri R.K. Chaturvedi, Karvy Computer Shares Pvt. Ltd., Plot No.17 to 24, Vittal rao Nagar, Madhopur, Andhra Pradesh, Hyderabad – 500081. 2. Paresh Rathod, S/o Late Purushottam Lal Rathod, Company Secretary, Reliance Power Limited, H. block, First floor, Dhiru Bhai, Ambani Knowledge City, Navi Mumbai, Maharastra – 480710. .... .... Petitioner/s Versus 1. The State Of Bihar 2. Ranjeet Singh Gandhi, S/o Late Mala Singh, Resident of family fair Restaurant, Marwari Awas Campus, Fraser Road, P.S. Kotwali, District Patna. .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAKESH KUMAR) 2 01-02-2012 Heard Shri Amal Kumar Sinha, learned counsel for the petitioners, Shri Pawan Kumar Chaurasiya, learned Additional Public Prosecutor and Shri Sanjeev Sharan, learned counsel, who had voluntarily appeared on behalf of opposite party no.2/complainant. Two petitioners, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Patna High Court Cr.Misc. No.39608 of 2011 (2) dt.01-02-2012 2 / 3 2 Procedure, have prayed for quashing of order dated 28.1.2009 passed by learned Judicial Magistrate, Ist Class, Patna in Complaint Case No.3084/C of 2008. By the said order, the learned Magistrate has taken cognizance of offence under [STATUTE] . Learned counsel for the petitioners submits that it is true that in this case, cognizance order was passed, but thereafter, the complainant had filed a petition before the court below for withdrawal of the case. However, the learned Magistrate has rejected the same. In the complaint petition, in some and substance, it was alleged that accused persons had not issued shares as required by the complainant and some amount of shares was mis-appropriated by the petitioners. Learned counsel for the complainant has submitted before the court that during Patna High Court Cr.Misc. No.39608 of 2011 (2) dt.01-02-2012 3 / 3 3 the pendency of the case, entire amount with interest has been paid to the complainant by the petitioners and as such the complainant is not interested to pursue the matter. Virtually, he has made a prayer for closing the case. In view of the facts and circumstances, particularly the fact that complainant is also desirous to close the case, there is no reason to allow the criminal proceeding in Complaint Case No.3084/C of 2008 to further proceed. For the ends of justice, it is desirable to interfere with the proceeding and as such entire criminal proceeding in Complaint Case No.3084/C of 2008 pending in the court of Judicial Magistrate, Ist Class, Patna is hereby quashed. The petition stands allowed. N.H./- (Rakesh Kumar, J.)

Applicable IPC Section: 420

Statute Text:
Section 420 of the Indian Penal Code. Cheating and there by dishonestly inducing delivery of property, or the making, alteration or destruction of a valuable security. Whoever cheats and thereby dishonestly induces the person deceived to deliver any property to any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which is signed or sealed, and which is capable of being converted into a valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.