Patna High Court Cr.Misc. No.13593 of 2009 dt.12-07-2011 1 Criminal Miscellaneous No.13593 of 2009 ------- In the matter of an application under section 482 of the Code of Criminal Procedure --------- =========================================================== 1. Dalip Jolly S/o K. L. Jolly, Managing Director, Fena Private Ltd.,A-237, Okhla Industrial Area, Phase-I, New Delhi- 110020 & 2. Lalit Kumar Maheshwari, Assistant Manager, Fena Private Ltd.,A-237, Okhla Industrial Area, Phase-I, New Delhi- 110020 .... .... Petitioner/s Versus 1. The State Of Bihar & 2. Om Prakash Agarwal S/o Late Matajee Agarwal, R/o village-Station Road, Begusarai, P.S.- Begusarai, District- Begusarai, Bihar-851101 .... .... Opposite Party/s =========================================================== Appearance: For the Petitioner/s : Mr. Kamla Kant Pandey, Advocate For the Opposite Party/s: None =========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT (Per: HONOURABLE JUSTICE SMT. ANJANA PRAKASH) 1. The petitioners have prayed for quashing the entire proceeding including the order dated 16.08.2008 passed in Complaint Case No.2705-C of 2007 by which the Judicial Magistrate, 1st class, Begusarai, has taken cognizance under section 418/34 Indian Penal Code. 2. By order dated 22.05.2009, the opposite party no.2 was noticed as to why this application be not allowed. On 28.10.2010 the matter was admitted for hearing and the opposite party no.2 chose not to appear before the Court despite having entered his appearance. Today also the opposite party no.2 has not bothered to assist this court. 3. The simple argument advanced on behalf of the petitioners before this Court is that now compromise has been arrived at between the parties and, therefore, on 24.06.2011, a joint compromise petition has been filed under section Patna High Court Cr.Misc. No.13593 of 2009 dt.12-07-2011 2 257 Cr. P.C. for withdrawal of the complaint. This document has been annexed as Annexure-8 to the supplementary affidavit. 4. Since the opposite party no.2 has not appeared before this court to dispute this contention, this Court is accepting the submission made on behalf of the petitioners. On this score alone, entire proceeding including the order dated 16.08.2008 passed in Complaint Case No.2705-C of 2007 pending before the Judicial Magistrate, 1st class, Begusarai, is hereby quashed. 5. In the result, the application is allowed. (Anjana Prakash,J.) Patna High Court, Patna Dated the 12th July, 2011 NAFR/ JA/-