IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44005 of 2007 1. R.C.VENKATEISH, SON OF RAJAGOPAL CHAKRAVARTHI, MANAGING DIRECTOR, ESPN SOFTWARE INDIA PRIVATE LIMITED. 2. RAJESH KAUL, SON OF M.L. KAUL, VICE PRESIDENT, ESPN SOFTWARE INDIA PRIVATE LIMITED. BOTH RESIDENTS OF H.O. 7TH FLOOR, TOWER C, INFINITY TOWERS, DLF PHASE-2, GURGAON,122002. ……………………………………………………………….PETITIONERS. Versus 1. THE STATE OF BIHAR. 2. M/S. SPORTS UNLIMITED, 404, 4TH FLOOR KARPURA COMPLEX, S.P. VERMA ROAD, POLICE STATION-GANDHI MAIDAN, PATNA. 3. ANURAG SINGH, SON OF OM PRAKASH SINGH, RESIDENT OF 404, KARPURA COMPLEX, S.P. VERMA ROAD, POLICE STATION- GANDHI MAIDAN, DISTRICT-PATNA. ………………………………………………………OPPOSITE PARTIES. ----------- For the Petitioners : Mrs. Anjana Prakash, Senior Advocate and Shivendra Kishore Sinha, Advocate. For the State : Mr. Jharkhandi Upadhyay, A.P.P. For O.P. No.2 : Mr. Mukesh Kant, Advocate. ------------- O R D E R 6. 3.3.2009. This application was heard earlier and orders were reserved. However, the matter has again been mentioned and is being heard. A joint compromise petition duly signed by Opposite Party Nos.2 and 3 and a Company employee on behalf of the petitioners duly attested by their respected counsels has been filed in Court. The joint prayer by the parties is that on the intervention of the common associates and friends the parties have agreed for an out of court settlement on certain terms and conditions which read as follows: I. M/s Sports Unlimited will jointly pray for quashing - 2 - the entire proceeding including the order of cognizance challenged in the Patna High Court vide Cr. Misc. No.44005 of 2007 by the officials of ESPN. II. ESPN, will thereafter, within 15 days of the final order in Cr. Misc. No.44005 of 2007 file a petition for withdrawal of Complaint Case No.C 4602 of 2005 pending before the Metropolitan Magistrate, Kolkata, and will endeavour to have the said complaint case withdrawn and/or dismissed and/or disposed of at the earliest. ESPN undertakes to Sports unlimited that it will not obtain any adjournment or time in respect of the petition for withdrawal of Complaint Case No.C 4602 of 2005 and will have the same disposed of as expeditiously as the business of the Learned Court shall permit. III. ESPN will make a cheque/Draft payment of Rs.25,171/- to M/S SPORTS UNLIMITED as full and final settlement of Accounts. The said sum of Rs.25,171/- will be paid by ESPN to Sports Unlimited within a period of seven days from the date on which Sports Unlimited confirms to ESPN that the said complaint case No.2329(C) of 2006 has been withdrawn and /or disposed of/or quashed in accordance with this settlement. The parties are also agreed that in view of the compromise arrived - 3 - at between them and having given their consent to the terms and conditions incorporated therein, the impugned order taking cognizance for offences under Sections 418 and 120-B IPC pending in connection with Complaint Case No.2329(C) of 2006 pending in the court of the learned Sub Divisional Judicial Magistrate, Patna be quashed. Since the parties have already agreed and given their consent to the terms and conditions mutually arrived at between them and they are not eager to pursue the matter in the court below any further, it would be in the interest of justice that the criminal proceeding arising out of Complaint Case No.2329(C) of 2006 be quashed and I do so. In the result, this application is allowed and the criminal proceeding aforesaid is hereby quashed. P.S. (Abhijit Sinha,J)