CRIMINAL MISCELLANIOUS No. 12737 OF 2004 ********** In the matter of an application under Section 482 of the Code of Criminal Procedure. ********** UTTAM KUMAR BOSE, CHIEF EXECUTIVE OFFICER, AIR SAHARA, 3RD FLOOR, DR. GOPALDAS BHAWAN, BARAKHAMBA ROAD, NEW DELHI. --------------------------(Appellants) Versus 1. THE STATE OF BIHAR 2. SUBASH PRASAD SINHA S/O LATE JAINANDAN PRASAD SINHA -----------------------(Respondents) For the Petitioner : Mr. Ashutosh Ranjan Pandey Adv. Mr. Anshuman Adv. Mr. Ramanuj Tiwari Adv. For Respondent : Mr. Kumar Priya Ranjan For the State : Pushpa Sinha App. WITH CRIMINAL MISCELLANIOUS No. 26354 OF 2004 ********** VICKY JAIDEO @ RAMNISH JAIDEO , S/O SRI RAJESHWAR PRASAD. VERSUS 1. THE STATE OF BIHAR 2. SUBASH PRASAD SINHA S/O LATE JAINANDAN PRASAD SINHA ************ For the Petitioner : Rajev Ranjan Adv. Amod Kr. Adv. A.K.Jha Adv. For State : Nand Kr. App. P R E S E N T THE HON'BLE JUSTICE SMT. ANJANA PRAKASH ********* Anjana Prakash, J. The petitioners seek quashing of the entire proceedings of complaint case no. 2381 (C) of 2002 pending before the Chief Judicial Magistrate First Class, Patna including the order dated 19.4.2003 by which he has taken cognizance in the matter for offences under Section 323/34, 406 and 420 I.P.C. 2. In addition the petitioner Uttam Kumar Bose also prays for quashing of the order dated 21.11.2003 passed in Cr. Revision No. 496 of 2003 by Sessions Judge, Patna by which the revision application against issuance of summons was dismissed. 3. By two separate orders the opposite party no. 2 was noticed and on behalf of Uttam Kumar Bose an undertaking was given that he would refund the amount of the air ticket for which dispute had arisen. The matter was subsequently admitted for further hearing and further proceedings in the court below was stayed. 4. Today the rival parties are present and it has been submitted on behalf of the opposite party no. 2 that the matter has been settled between them and therefore he does not wish to continue with the prosecution. 5. The case of the complainant was that he had purchased ticket from the co-accused but since he did not travel on the said date, he wished to take refund of the ticket which was for reason or the other not refunded by the accused persons. 6. However, it is brought to the notice of the court that in fact the ticket money has been refunded to the opposite party no. 2 in the court below and therefore no dues subsists between them. 7. In view of such, this application is allowed and the entire proceedings of complaint case no. 2381 (C) of 2002 pending before the Chief Judicial Magistrate First Class, Patna is here by quashed. 8. Application stands allowed. ( Anjana Prakash, J.) Patna High Court, Patna Dated the 16th July, 2010 NAFR/ Fahad.