IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16760 of 1998 1. GOBIND SHARDA, SON OF SHEOLAL SHARDA. 2. SHYAM SHARDA, SON OF PANNALAL SHARDA, BOTH R/O MOHALLA-SHALMARI, P.S.AZAMNAGAR, DISTT- KATIHAR……………………………………………………..PETITIONERS Versus 1. STATE OF BIHAR 2. SANJAY KUMAR AGRAWAL, SON OF SHRI BHAGWAN PRASAD AGRAWAL, R/O MOHALLA-GURU BAZAR, P.S.BARARI, DISTT- KATIHAR……………………………………………..OPPOSITE PARTIES. ----------- 11. 02-Apr-2010 Heard the parties. 2. It is a matter of happiness for all concerned that pursuant to order dated 26th March, 2010 the petitioners have agreed to compensate the complainant and learned counsel for the petitioners has come ready with two cheques both in the name of Sanjay Kumar Agrawal, the complainant, each for an amount of Rs.27,500/- thus totaling Rs.55,000/-, as indicated in the order dated 26.3.2010. 3. Both the aforesaid account payee cheques have been handed over in the Court to the learned counsel for the complainant. Learned counsel for the petitioners has assured the Court that petitioners shall take all required steps to ensure that the cheques are honoured. It was explained that due to annual financial closure of banks, petitioners could not obtain banker’s cheques or draft. Both the cheques 2 are dated 2.4.2010. 4. Since the petitioners have complied with the terms of compromise and the cheques have been accepted on behalf of the complainant, this application for quashing of entire criminal prosecution as well as order rejecting prayer for discharge of the petitioners from G.R.Case No. 1289 of 1989 is allowed. The criminal case in question under Sections 406/409/420 and 120B of the IPC pending before Judicial Magistrate, 1st Class, Katihar is quashed in the interest of justice and to prevent the abuse of the process of Court because the dispute relates mainly to claim over money. Once again, it is emphasized that this order has been passed on account of amicable settlement of dispute between the parties. perwez (Shiva Kirti Singh, J.)