CRIMINAL MISCELLANEOUS No.4769 OF 2001 In the matter of an application under Section 482 of the Code of Criminal Procedure KRISHNA KUMAR SINGH (RETD.COL.), Son of Sri Maheshwar Pd.Singh, resident of 19-CA, People’s Co-operative Colony, Lohiya Nagar, Police Station-Kankarbagh, District-Patna --- Petitioner Versus 1. THE STATE OF BIHAR 2. Lt. Col.( Retd.) S.P.Singh @ Surendra Prasad Singh, Son of Late Ramji Prasad, resident of 216-B, Lotus Apartment, Police Station- Patliputra, District-Patna ------------ Opp.Parties. ------------ For the Petitioner: Sri Akhileshwar Pd.Singh, Advocate For Opp.Party no.2: S/Sri Chitranjan Sinha, Sr. Advocate, Anirban Kundu, Sanjay Kumar Singh and Krishna Narayan Jha, Advocates For the State: Renu Kumar, A.P.P. -------------- P R E S E N T THE HON'BLE MR. JUSTICE RAKESH KUMAR Rakesh Kumar, J. It is a peculiar case, in which the complainant has rushed to this Court with a permission to quash an order dated 21.5.1999 passed by the Judicial Magistrate, 1st Class, Patna in Complaint Case No.695( C ) of 1998, whereby the prayer of the petitioner, who was complainant , for withdrawal of complaint petition has been rejected. Earlier, the complaint petition was filed by the petitioner against Opp.Party no.2. Both the petitioner and Opp.Party no.2 are retired Colonels. It was alleged that the complaint petition was filed by the petitioner against Opp.Party no.2 for offences under Sections 406, 420 and 120B of the Indian Penal Code. After enquiry, the learned court below has also taken cognizance of the offences. Thereafter, an amicable settlement in between the parties had arrived and, 2 as such, the complainant filed a petition for withdrawal of the complaint petition. The petition was filed under Section 257 of the Code of Criminal Procedure and , as such, the learned Magistrate keeping in view the fact that the provision under Section 257 of the Code of Criminal Procedure was available only in respect of summoned cases , had rejected the petition by the impugned order, i.e. order dated 21.5.1999. 2. In this case, Opp.Party no.2 has also appeared through Sri Chitranjan Sinha, Senior Counsel assisted by Sri Anirban Kundu, learned Counsel. Since Opp.Party no.2 was made accused in the complaint case i.e. Complaint Case No.695C of 1998, obviously, he had to support the prayer made on behalf of the petitioner and has supported the same. 3. Since the complainant himself had filed the petition for withdrawal of the complaint in view of subsequent development, there is no need to allow the proceeding before the court below to further proceed. It will certainly amount to allowing the abuse of the process of the court and, as such, the entire criminal proceeding in Complaint Case No.695 C of 1998 pending in the court of the learned Judicial Magistrate, 1st Class, Patna is hereby set aside and petition stands allowed. Patna High Court,Patna Dated : the 20th August,2010 Nawal Kishore Singh/ N.A.F.R. ( Rakesh Kumar, J.)