IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.611 of 1998 CHANDESHWAR PRASAD Versus STATE OF BIHAR & ANR with Cr.Misc. No.3092 of 1999 CHANDESHWAR PRASAD Versus STATE OF BIHAR & ANR ----------- 6 26.8.2010 Both these applications are taken up together for hearing. In Cr.W.J.C.No. the petitioner prays for quashing the order dated 30.8.1997 passed by the Judicial Magistrate Ist Class, Nawada in Protest Complaint Case No.564 of 1996 registered under sections 420, 468, 120(B) of the Penal Code whereby the learned Magistrate took cognizance against the petitioner and issued summons to face trial as well as affirmance of the order dated 22.8.1998 passed by the Ist Additional District & Sessions Judge, Nawada in Cr.Revision No.134/97-2/97. The petitioner submits that a criminal proceeding was initiated on the basis of a complaint petition filed by the husband of Opposite party no.2, which was registered as Case No.385/95 dated 4.12.1995 under sections 467, 468, 420(B) of the Penal Code, in which final form was submitted in favour of the accused petitioner. Thereafter instant protest cum complaint was filed. Learned counsel for the petitioner submits that the matter relates to boundary dispute and in fact the complainant 2 has filed T.S. No.155 of 1995/87 of 2005 in which compromise has been arrived at between the parties and as such the suit was withdrawn by Opposite party no.2. It appears that the matter relates to civil dispute and this case proceeded on protest cum complaint. It further appears that compromise has been arrived at between the parties. In circumstances, the impugned prosecution against the petitioner arising out of Protest Complaint Case No. 564 of 1996 under sections 420, 468, 120(B) of the Penal Code pending in the court of the Judicial Magistrate Ist Class, Nawada is hereby quashed. In Cr.Misc.No.3092 of 1999 the petitioner prays for quashing the order dated 20.8.1997 passed by the Judicial Magistrate Ist Class, Nawada in Protest Complaint Case No.565 of 1996 under sections 420, 468, 120(B) of the Penal Code whereby the learned Magistrate took cognizance against the petitioner and issued summons to face trial as well as affirmance of the order dated 26.8.1998 passed by the Ist Additional District & Sessions Judge, Nawada in Cr.Revision No.113/97-14/97. The petitioner submits that in the instant case the police after investigation too submitted final form finding the case one of the civil dispute. The case thereafter proceeded on Protest Cum Complaint like the first one. Learned counsel for the petitioner submits that in T.S.No.155 of 1995/87 of 2005, the wife of Opposite Party no.2 Smt. Sarda Devi along with one Smt.Kalawati Devi (Opposite 3 KHAN party no.2 in Cr.W.J.C.No.611 of 1998) was one of the plaintiffs in which compromise has been arrived at between the parties and as such the suit was withdrawn by the wife of Opposite party no.2. In the circumstances, as the matter primarily relates to civil dispute and compromise has been arrived at between the parties, this court quashes the prosecution against the petitioner arising out of Protest Complaint Case No.565 of 1996 under sections 420,468, 120(B) of the Penal Code pending in the court of the Judicial Magistrate Ist Class, Nawada. In the result, both these applications are allowed but with no order as to costs. (S.P.Singh,J)