IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19658 of 1998 1. SUNIL KUMAR VERMA S/O SHRI MADAN PRASAD VERMA 2. SMT. GEETA VERMA W/O SUNIL KUMAR VERMA, BOTH RESIDENT OF 218, PATLIPUTRA COLONY, PATNA- 800013…………………………………………………………PETITIONERS Versus 1. STATE OF BIHAR 2. LILY MANDAL D/O C.K. MANDAL, R/O HOUSE NO.79, NEW SBI OFFICER COLONY, DIGHAGHAT, PATNA……………….OPPOSITE PARTIES ----------- 03. 09-Apr-2010 Heard learned counsel for the petitioner and learned counsel for the State. 2. In spite of service, nobody has appeared on behalf of the complainant, O.P. No.2. 3. On behalf of the petitioners it has been submitted that there was dispute between the parties relating to ownership over share certificates for which Title Suit No.116/1998 was filed in the court of Sub-Judge-1st Patna and on account of compromise that suit has been withdrawn by the complainant who was the plaintiff along with some others. It has further been submitted that on account of compromise and amicable settlement of dispute the complainant is no longer interested in prosecuting this case and on that account this quashing application be allowed and 2 the order dated 3.8.1998 passed by Judicial Magistrate, Patna in Complaint Case No. 361(c )/1998 whereby cognizance was taken for the offence under Sections 406 of the IPC be quashed. 4. Considering the civil nature of dispute and the aforesaid submissions this application is disposed of with the observations that the petitioners will file a copy of this order before the concerned court who shall verify whether the complainant has filed a petition for withdrawal or not and in case such petition has been filed for the purpose of compromising their differences, in that case the Magistrate shall treat the complaint case in question to be quashed under orders of this Court. 5. If no such withdrawal application is filed by the complainant, in that event the Magistrate shall proceed in accordance with law. perwez (Shiva Kirti Singh, J.)