CRIMINAL MISCELLANEOUS No.27777 OF 2005 In the matter of an application under Section 482 of the Code of Criminal Procedure. 1. MAHESH PRASAD, son of Late Bansi Ram, resident of Q. No. 11, Back Harding Road, P.S. Gardanibagh, District – Patna – 800 002. 2. Sushil Kr. Das @ S.K. Das, son of Akhoy Kumar Das, resident of Jagatpur, P.S. – Banka, District – Banka. 3. Pralash Chandra Choudhary @ P.C. Choudhary, S/o – Deep Narayan Choudhary, resident of Motia, P.S. – Godda, District – Godda. ---------- Petitioners. Versus 1. The State of Bihar 2. Vikrant Kumar, son of Shiv Kumar Prasad Singh, village Mekara Bujurga Post Mekara, P.S. – mokama one of the partner of M/s nexus Software Solution having its office at Saubhagay Sharma Path, Rukunpura, West Baily Road, Patna. ---------------Opposite Parties. ******* For the petitioners : Mr. Shivaji Pandey, Sr. Adv. Mr. Braj Nandan Tiwari, Adv. For the Opp. Party : Mr. Prashant Kr. Choudhary, Adv. For the State : Mr. Damodar Pd. Tiwary, APP. P R E S E N T THE HON'BLE MR. JUSTICE AKHILESH CHANDRA Akhilesh Chandra, J. Heard learned counsel for the petitioner, learned counsel for the opposite parties and learned Additional Public Prosecutor for the State. 2. Perused the records of C.W.J.C. No. 5543/2005 dismissed as infructuous on 29.11.2007. 3. The three applicants have preferred this application under section 482 of the Criminal Procedure Code seeking quashing of the order dated 08.06.2005 passed by Shri Om Prakash Pandey, Judicial Magistrate, 1st Class, Patna in Complaint Case No. 599(C)/2005 taking cognizance for offences under sections 147, 323 and 380 of the Indian Penal Code. 4. As submitted from the Bar and also reveal from the - 2 - records that dispute between the parties was related with tenancy of the particular premises for commercial purposes, during tenancy, some differences cropped up relating to payment of rent and eviction etc. giving rise to filing of C.W.J.C. No. 5543/2005 by the opposite party no.2 and simultaneously he filed present instant complaint before the court of Chief Judicial Magistrate, Patna. 5. Subsequently, the dispute between the parties resolved as regard to question of eviction of the premises under tenancy and opposite party no.2 vacated the same, accordingly, this court was informed and C.W.J.C. No. 5543/2005 was dismissed. 6. Here, it is also submitted on the basis thereof that there is no necessity to continue the criminal proceeding before the court below in view of the settlement arrived between the parties. 7. Considering the facts and circumstances and submission made above which stands substantiated from the order of this court passed in C.W.J.C. No. 5543/2005. Further proceeding of complaint case No. 599(C)/2005 before the court below shall be nothing but abuse of the process of law and sheer wastage of precious judicial time. Accordingly, it is quashed and this application stands allowed. Patna High Court Date : The 6th September 2010 Rajeev/N.A.F.R. (Akhilesh Chandra, J.)