IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.17840 of 1998 SMT. JYOTSNA VERMA @ SOBHA VERMA wife of Late Batuk Nath Verma, resident of Mohalla- Arya Kumar Road, Machhuatoli, District Patna 800001 ...petitioner Versus 1. STATE OF BIHAR 2. Surendra Prasad Verma, son of Yugal Kishore Verma, resident of village- Bankatba, Police Station- Bagha, District West Champaran....Opp. Parties ----------- For the petitioner: Mr. Baxi S.R.P. Sinha, Sr. Advocate For the State: Lala Kailash Bihari Prasad, Sr. Advocate ------------ 5 19-03-2010 Heard learned counsel for the petitioner and learned counsel for the State. Although the name of learned counsel for the complainant/ O.P. No.2 appears in the daily cause list, he has chosen not to appear and contest this quashing application. The petitioner has prayed for quashing of order of cognizance dated 30-6-1998 passed in Complaint case no. 277©/98 passed by learned Additional Chief Judicial Magistrate, Bagaha for an offence under sections 406 and 420 of the Indian Penal Code. Petitioner has challenged issuance of process and has also prayed for quashing of the entire criminal proceeding on the ground that the dispute is out and out a civil dispute relating to breach of an agreement for sale. Learned counsel for the petitioner has produced before me a copy of order dated 15-3-1999 passed by Sub Judge, I, Bagaha in Suit No. 27/98 to show that the said suit was filed by Surendra Prasad Verma, Opposite Party No.2 against the petitioner which fact is mentioned in the petition of complaint also and on 15-3-1999 the suit was dismissed on account of compromise between the parties. It has been submitted that all the differences 2 between the parties ended in compromise and the dispute over money has also been amicably settled. On behalf of the complainant/ Opposite Party nobody has appeared to controvert the aforesaid submission. The complaint case in question has remained stayed during the last 11 years on account of interim order passed in this case. Considering the aforesaid submissions, particularly the submission that the dispute is purely a civil dispute and further that the said dispute has already been finally resolved through compromise, in the interest of justice, this application is allowed and entire criminal proceeding pending against the petitioner vide Complaint case no. 277 ©/98 before learned Additional Chief Judicial Magistrate, Bagaha is quashed. BKS/- (Shiva Kirti Singh, J.)