IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21603 of 2007 DR.NAZAMUDDIN HAIDER KHAN, son of late Raja Salauddin Haider Khan, resident of village – Parsauni, P S – Parsauni, District – Sitamarhi. Versus 1. STATE OF BIHAR 2. Satya Narayan Sah son of Ram Brikcha Sah, resident of village – Parsauni, P S – Parsauni, District – Sitamarhi. --------- 04. 15.05.2009 Based on a complaint case No. C 780 of 2006 lodged by the complainant, cognizance came to be taken against the petitioner under sections 420/511 and 504 of the Indian Penal Code. Learned counsel for the petitioner submits that even on the allegation made in the complaint no case as such of the offence alleged is made out. There are materials to show that it is a motivated complaint which has come to be filed and even otherwise a joint compromise petition has also been filed in the court below where opposite party No.2 appeared and certified the same, which is also reflected in the deposition dated 8th March, 2008. Copies of deposition as well as compromise petition have been brought on record in support thereof. He submits that in view of the above and nature of the allegation, the continuation of the criminal proceeding against the petitioner would be an abuse of the process of the court. Based on the evidence which has been produced before this court and the assertions made in the affidavit, keeping in view the development the order taking cognizance dated 31.8.2006 as well as criminal proceeding thereof stands quashed and the application is allowed. - 2 - The deposition and the compromise petition are kept on record. rkp (Ajay Kumar Tripathi, J)