Criminal Miscellaneous No.37678 OF 2007 Against the order dated 4.2.2007/5.2.2007 passed by the Judicial Magistrate 1st Class, Patna in Complaint Case No.3667(C) of 2006. ---------- 1. S.K.Agrawal son of Shri Om Prakesh presently posted at the Chief Manager, Bank of Baroda, Main Branch, Frazer Road, P.S. Kotwali, Town and District Patna, resident of Shanti Vihar Apartment, Frazer Road, P.S. Kotwali, Town and District Patna. 2. Shri Harsh son of Late Dr. Laxmi Narayan, Sr. Manager, Regional Training Centre, Bank of Baroda, Govind Mitra Road, Patna, P.S. Pirbahore, Town & District Patna, resident of Amrita Apartment, Arrah Garden Road, P.S. Ashiananagar, Town & District Patna. 3. R.K. Goel @ Raj Kumar Goel son of Shri Ved Prakash Goel, Sr. Manager, Regional Training Centre, Bank of Baroda, resident of Govind Mitra Road, Patna, P.S. Pirbahore, Town & District Patna. …. …. Petitioners Versus 1. The State of Bihar. 2. Ashwani Kumar Sharan son of Late Raj Kishore Sharan, resident of Panchsheel House, 23 Telegraph Colony, Kidwaipuri, P.S. Buddha Colony, District- Patna. …. …. Opposite parties ------------- For the Petitioners : Mr. Alok Kumar Agrawal, Advocate For opposite party no.2: Mr. Binod Kumar Sinha-2, Advocate For the State : Dr. Maya Nand Jha, A.P.P. ------------- P R E S E N T THE HON'BLE MR. JUSTICE AJAY KUMAR TRIPATHI Ajay Kumar Tripathi, J. Heard learned counsel for the petitioners, learned counsel representing the opposite party no.2 and the learned A.P.P. for the State. The origin of the present case was a complaint case No. 3667(C) of 2006 which was filed against the present petitioners under Sections 468 and 471 of the Indian Penal Code. Cognizance was taken by the learned Judicial Magistrate 1st Class, which compelled the petitioners to approach this Court for quashing of the proceeding. Necessary details are not required to be recorded in the present case because during pendency of the case both before the trial court as - 2 - well as the High Court certain developments have been taken place and the parties have finally reached a level of understanding and compromise. The details of the compromise are evident from Annexure-1 and 2, which have been annexed with the I.A. No.739 of 2009. It is also stated that since the parties have reached an agreement even the proceeding under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 pending before the Debts Recovery Tribunal, Patna stands withdrawn. I.A. No.739 of 2009 stands allowed. Keeping in view the material as well as the categorical statement made by both the sides, no purpose will be served in allowing continuance of the prosecution, in fact, it will amount to abuse of the process of the Court. In view of the above, the order taking cognizance and the proceeding pending in the Court below arising out of Complaint Case No.3667(C) of 2006 is hereby quashed. The application is allowed. (Ajay Kumar Tripathi, J.) The Patna High Court Dated, the 21st of April, 2009. NAFR/Pawan