CRIMINAL MISCELLANEOUS No.8012 OF 1999 ---- In the matter of an application under Section 482 of the Code of Criminal Procedure,1973. ---- MISSES WAILATE KRISHCHAN @ MISSES WAILATE JOHN WIFE OF SRI JOKIM JAHN, RESIDENT OF MOHALLA- BARI ASHIKPUR UNDER JAMALPUR TOWN, POLICE STATION JAMALPUR, DISTRICT MUNGER. ... ... PETITIONER. Versus 1. STATE OF BIHAR 2. RAJA RAM PRASAD SAH SON OF SRI BHAGWAN PRASAD SAH, RESIDENT OF TOLA RAGHUNATH SINGH, PATAM, P.O. PATAM, POLICE STATION NAYA RAM NAGAR, DISTRICT MUNGER. ... ... OPPOSITE PARTIES. ---- For the Petitioner : M/S Siya Ram Shahi, Adv. Ram Sevak Choudhary, Adv. For the State : Mrs.Indu Bala Pandey, A.P.P. For O.P. No.2 : M/S Pramod Kumar Sinha, Adv. Arvind Kumar Sinha No.1, Adv. ---- P R E S E N T THE HON'BLE MR. JUSTICE RAKESH KUMAR ---- Rakesh Kumar,J. Pursuant to the order dated 6.7.2010, both the parties have settled their dispute outside the court. However, earlier only one condition was imposed that some disputed amount may be given to the complainant. 2. Shri Siya Ram Shahi, learned counsel appearing on behalf of the petitioner, hands over a cheque issued in the name of opposite party no.2/complainant for an amount of Rs.20,500/- to Shri Pramod Kumar Sinha, learned counsel appearing on behalf of opposite party no.2. 2 3. Keeping in view the fact that opposite party no.2, the complainant, after accepting the cheque aforesaid, has given assurance to the court that complainant will not further pursue the case, there is no point to keep the criminal proceeding in Jamalpur P.S. Case No.12 of 1998 pending to further proceed. In the present petition, order of cognizance dated 25.2.1999 passed in Jamalpur P.S. case No.12 of 1998 is under challenge. 4. In view of aforesaid facts and circumstances, with a view to prevent the abuse of the process of the Court, it is necessary to quash the impugned order of cognizance dated 25.2.1999 passed in Jamalpur P.S. Case No.12 of 1998 by Chief Judicial Magistrate, Munger. 5. Accordingly, the petition stands allowed. ( Rakesh Kumar,J.) PATNA HIGH COURT Dated 9.8.2010 N.A.F.R./N.H.