IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No. 483 of 2006 HARI BABU PATHAK, SON OF SRI MANOHAR LAL PATHAK, AT PRESENT RESIDENT OF C-2, PREM NIKETAN APARTMENT, RAI JI KA GALI, BORING CANAL ROAD, P.S.- BUDHA COLONY, PATNA, DISTRICT- PATNA. Versus 1. THE STATE OF BIHAR 2. DIRECTOR GENERAL OF POLICE, BIHAR, PATNA. 3. SENIOR SUPERINTENDENT OF POLICE, PATNA. 4. CITY SUPERINTENDENT OF POLICE, PATNA. 5. SUPERINTENDENT OF POLICE, BHOJPUR, ARA. 6. SARESHWAR NARAIN SINGH, SON OF SRI HAR BALLAV NARAIN SINGH, RESIDENT OF VILLAGE- KULHARIA, P.S.- KOILWAR, DISTRICT- BHOJPUR, AT PRESENT RESIDENT OF KULHARIA HOUSE, MURADPUR, P.S.- PIRBAHORE, PATNA. ----------- 28 21.04.2010 Counsel for the petitioner, counsel for respondent no. 6 and counsel for the State are present. High tide has now yielded. A channel is now to be provided for safe retreat of the rip tide. Different orders passed on the present proceeding shall bear testimony that both the parties made efforts to come to a settlement out of Court. The last order dated 31.3.2010 reads as under: “Mr. Roy representing the petitioner, and Mr. Prabhat Ranjan representing respondent nos. 6, are present. Both parties agreed to the proposal that if respondent no. 6 pays a further sum of Rs. 40,000/- within two weeks from today, the same shall be treated to be the full and final settlement of the dues and liabilities arising out of the agreement/compromise filed by respondent no. 6 in one of the proceedings in this Court. Precisely, on these allegations the complaint has been filed giving rise to Complaint Case no. 644(C)/96 pending in the court of CJM, Patna. Mr. Roy fairly states that if the said amount is paid within the time fixed by this Court, the complainant shall file an appropriate application in the court in seisin of the criminal proceeding arising out of the aforesaid complaint case seeking withdrawal of the complaint and the entire proceeding 2 as the said payment shall satisfy all the monetary claims of the complainant/petitioner. Counsel for respondent no. 6 agreed. He states that the amount shall be paid to the petitioner by way of demand drafts. As jointly prayed, list this matter after two weeks.” Mr. Anil Kumar Upadhyay, learned counsel for the petitioner, states that today he has received a sum of Rs. 25,000/- by way of a demand draft issued in favour of Bhagwan Das Pathak and the rest amount of Rs. 15,000/- has been received by him in cash. It is stated that he has already issued a receipt to that effect to the counsel for respondent no. 6 Mr. Upadhyay states that now the petitioner is not interested in pursuing the criminal case. Since the parties have now finally settled their disputes, the continuance of the proceeding, in my view, shall be sheer abuse of the process of the Court. Both the parties agree that in the ends of justice, entire criminal proceeding arising out of Complaint Case no. 644(C) of 1996 be quashed. This Court, in the facts and circumstances of the case, is inclined to accept the stand taken by the parties. The following order, in my view, shall meet the ends of justice: The criminal proceeding arising out of Complaint Case no. no. 644(C) of 1996 pending in the Court of Sri M.K. Singh Judicial Magistrate, 1st Class, Patna is hereby quashed. The writ application is accordingly disposed of. pkj ( Kishore K. Mandal, J. )