CRIMINAL MISCELLANIOUS No.36475 OF 2004 In the matter of an application under section 482 of the Code of Criminal Procedure. 1. CITADEL AUROBINDO BIOTECH LTD. THROUGH ITS MANAGING DIRECTOR, Archana Towers, First Street, Sripuram Colony, St. Thomas Mount, Chennai – 600 016. 2. A.K.Ram Kumar, S/o –Sri A.R. Krishnamurty, resident of Mohalla – AH 93, Shanthi Colony, P.S. – Anna Nagar, District – Chennai, Managing Director, Citadel aurobindo Biotech Limited, First Street, Sripuram Colony, St. Thomas Mount, Chennai – 600 016. 3. K.Rajiv, S/o – Sri M.S. Krishamurthy, resident of Mohalla – 9, Janaki Avenue, P.S. abhirampuram, district – Chennai, Director, Citadel Aurobindo Biotech Limited, First Street, Sripuram Colony, St. Thomas Mount, Chennai – 600 016. 4. B.Siva Prasad Reddy, S/o - Late Narasa Reddy, Director, Citadel Aurobindo Biotech Limited, Plot No.-2 Maitrivihar, Ameerpet, Hyderabad - 500 038. -------- Petitioners. Versus 1. THE STATE OF BIHAR 2. Binay Kishore Mishra, S/o – Late Braj Kishore Mishra, resident of Arogya Niketan, near Sugar Factory, Narkatiaganj, P.S.& District – West Champaran (Bihar), At present residing at F-107, P.C.Colony, Kankarbagh, P.S. – Kankarbagh, District – Patna. ------Opposite Parties. ***** For the Petitioners : Mr. Shivendra Kishore Mr. Sanjeev Sheikhar For the Respondent : Mr. Satish Chandra Mishra For the State : Mr. D.P. Tiwary, APP ***** P R E S E N T THE HON'BLE MR. JUSTICE AKHILESH CHANDRA ***** Akhilesh Chandra, J. Heard learned counsel for the - 2 - petitioners learned counsel for the opposite party no.2 and learned Additional Public Prosecutor for the State. This application under section 482 of the Criminal Procedure Code has been filed seeking quashing of the order dated 08.09.2004 passed by Chief Judicial Magistrate, Patna, in Complaint Case No. 2149(C) of 2004 through which the case was transferred under section 192(1) of the Criminal Procedure Code to the file of S.D.J.M. Patna, for inquiry and disposal including order dated 05.10.2004 passed by S.D.J.M. Patna in Tr. No. 2107/2004 taking cognizance for the offences under Section 409 of the Indian Penal Code. Admittedly, opposite party no.2 was under employment of the petitioners and before termination of his services on probation he met accident but on the basis of personal accident insurance, coverage the Insurance Company had already made payment against claim, but to the Company instead of making direct payment to opposite party no.2 that apart other dues of opposite party no.2 against his employer was also to be cleared. - 3 - Undisputedly, including the claim against insurance accident the total liability against employer came to the tune of Rs. 2,01,741/- but due to some technical latches the amount remained with the employer could not be paid to opposite party no.2 giving rise to filing of the complaint case now under challenge. After some argument, learned counsel representing the parties arrived at the settlement that the amount of principal claim coming to the tune of Rs. 2,01,741/- if added by a sum of Rs. 1,10,000/- total comes to Rs. 3,11,741/- (Three lacs eleven thousand seven hundred forty one only). The parties shall left with no dispute and on such payment, there shall be no necessity to get the proceedings before the court below continued. Learned counsel for the petitioners seeks six weeks time for making such payment on discharge certificate to be submitted by opposite party no.2 against full and final payment. It is made clear that the above amount must be paid through Bank Draft to be payable - 4 - in the account standing in the name of the opposite party no.2 the complainant and which shall be furnished within a week by the learned counsel for the opposite party no.2 i.e. complainant to the learned counsel representing the petitioners here. Such payment shall be made before the court below as suggested and agreed by learned counsels on 25th September 2010. Taking into consideration, the settlement between the parties, and finding, further continuation of proceeding before court below needless, this application stands allowed. Proceeding before the court below including impugned orders are hereby ordered to be quashed subject to submission of discharge certificate by the opposite party no.2 complainant and payment of the amount of Rs. 3,11,741/- (Three lacs eleven thousand seven hundred forty one only)on the date fixed. Patna High Court Date : The 5th August 2010 Rajeev/ (Akhilesh Chandra, J.) - 5 -