IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12968 of 1999 1. M/S.GRASIM CEMENT ,605, Kashi Place, Dak Bunglow Road,Patna-800001, through the Executive Officer of the Firm, S.K. Poddar 2. M.M. Choudhary Dy. General Manager ( Marketing ), Trimurti Apartment, 97, Park Street, 4th Floor, Calcutta-700 016 3. P.K. Ray, Vice President ( Marketing ), Trimurti Apartment, 97, Park Street, 4th Floor, Calcutta-700 016 4. Chairman-cum- Managing Director M/S Grasim Cement, Birla Gram, Nagda-456331 through S.K.Nayar --- Petitioners Versus 1. THE STATE OF BIHAR 2. Shri Laxmi Niwas Poddar, Son of Late Dwarika Pd. Poddar, Managing Partner of M/S Poddar Industrial Corporation, Exhibition Road,Patna-1. ----------- Opp.Parties. with Cr.Misc. No.21558 of 1999 R.K.TRIPATHI @ P.K.TRIPATHI, Son of Ramjai Tripathi, resident of Grasim Cement, 97, Park Street, Trimurti Apartment, 4th Floor, Calcutta-16 ---------- Petitioner Versus 1. THE STATE OF BIHAR 2. Shri Laxmi Niwas Poddar, Son of Late Dwarika Pd. Poddar, Managing Partner of M/S Poddar Industrial Corporation, Exhibition Road, Patna-1. ---------- Opp.Parties. ----------- For the petitioners: S/Sri N.K.Agrawal, Sr.Advocate D.N.Tiwari, Advocate For Opp.Party no.2: S/Sri S.D.Sanjay & Aakash Chaturvedi, Advocates. For the State : Mrs. Pronati Singh, A.P.P. ------------ 08 06-05-2010 When the case was called out, a supplementary affidavit was filed on behalf of the petitioners mentioning therein that settlement in between the parties has already been done. Let the Supplementary affidavit be kept on record. 2 Mr.Aakash Chaturvedi , Junior Counsel to Sri S.D.Sanjay, learned counsel appearing on behalf of Opp.Party, on instruction, submits that the facts mentioned in the Supplementary affidavit are correct and actually compromise between the parties has already arrived and now Opp.Party no.2, who is the complainant in Complaint Case No.1800(C) of 1998, does not want to pursue the complaint case. In view of the stand taken by the parties, it is not advisable to allow the proceeding in the complaint petition to further proceed. Accordingly, entire proceeding initiated against the petitioners pursuant to Complaint Case No.1800 (C) of 1998 including order of cognizance dated 24.3.1999 are set aside. Accordingly, both the petitions are allowed. NKS/- ( Rakesh Kumar, J )