IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.9546 of 2010 KRISHNA LAL CHOUDHARY, S/O LATE MUNINDRA CHUDHARY, R/O VILLAGE – SAPTA, P.S. – RAHIKA, DISTT. – MADHUBANI ………………….. PETITIONER Versus 1. THE STATE OF BIHAR & 2. VISHWANATH CHOUDHARY, S/O LATE MUNINDRA CHOUDHARY, R/O VILLAGE – SAPTA, P.S. RAHIKA, DISTRICT – MADHUBANI ………. OPPOSITE PARTIES. ----------- 3. 16.04.2010. This is an application under Section 482 of the Code of Criminal Procedure for quashing the order dated 07.04.2009 passed by the learned Chief Judicial Magistrate, Madhubani in T.R. No. 8721 of 2009 arising out of C.R. No. 247/09 whereby he has taken cognizance of the offences punishable under Sections 420, 468, 388 & 506 of the Indian Penal Code. Be it noted, the petitioner Krishna Lal Choudhary is the elder brother of the opposite party no. 2 Vishwanath Choudhary. Regard being had to the relationship and the age of the parties this Court thought it appropriate on 19.03.2010 to pass the following order: “Matter be listed on 16th of April, 2010 before me. It shall be mentioned in the notice that the opposite party no.2 Vishwanath 2 Choudhary, shall remain personally present before this Court on the date fixed. That apart, Mr. Ajit Kumar shall also intimate the Sub- Divisional Officer of the area to intimate the said respondent to remain present before this Court on the date fixed. On that day the petitioner shall also remain present.” In pursuance of the aforesaid order, Mr. Krishna Lal Choudhary and Mr. Vishwanath Choudhary are present. Be it further noted, Mr. Krishna Lal Choudhary is represented by Mrs. Namrata Mishra, learned counsel, Mr. Vishwanath Choudhary is represented by Mr. Sanjeev Ranjan, learned counsel and the State is represented by Mr. Ajit Kumar. In course of hearing, due deliberation was made to arrive at a settlement on the basis of which this Court thinks it appropriate to quash the entire proceedings forming the subject matter of T.R. No. 8721 of 2009 arising out of C.R. No. 247/09. Mr. Vishwanath Choudhary, the younger brother has apologized to Mr. Krishna Lal Choudhary, the elder 3 brother and he has accepted the apology. Mr. Krishna Lal Choudhary has fairly agreed that he would permit his younger brother Mr. Vishwanath Choudhary to come to the house situate on plots no. 1725, 1726 & 1727 in Village Sapta, P.S. Rahika, District Madhubani and while making entry in the house Mr. Vishwanath Choudhary shall show respect and devotion to the elder brother and, at the same time, Mr. Krishna Lal Choudhary shall treat him with love and affection. It is further agreed that the gate that has been fixed by Mr. Krishna Lal Choudhary shall be opened for the use of Mr. Vishwanath Choudhary and a duplicate key of the lock tied in the said gate shall be handed over to Mr. Vishwanath Choudhary so that he can open it for his personal use. Be it noted, it is further agreed that the aforesaid settlement has nothing to do with the right, title and interest in respect of any of the properties for which some other litigations are pending. It is further agreed that as the parties have agreed to show respect, dignity and goodwill to each other despite 4 pendency of the civil litigations which pertain to properties, they will not litigate under the criminal law because of their age. It is also agreed that neither of the parties would threaten the employees of other person inasmuch as mutual respect for each other also percolates for appropriate treatment of the domestic help. In view of the aforesaid settlement, further proceedings in T.R. No. 8721 of 2009 arising out of C.R. No. 247/09, pending in the court of the Chief Judicial Magistrate, Madhubani is quashed. This Court appreciates the affirmative attitude shown by Mr. Krishna Lal Choudhary and Mr. Vishwanath Choudhary to arrive at the settlement. This Court also records its appreciation for the role played by Mrs. Namrata Mishra, learned counsel for the petitioner, Mr. Sanjeev Ranjan, learned counsel for the opposite party no. 2 and Mr. Ajit Kumar, learned counsel for the State. Dilip ( Dipak Misra, C.J. )