IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26334 of 2008 LATIFUR RAHMAN, SON OF LATE BAHRUDDIN, VILLAGE DUMARIA, P.S. KAUWAKHALI, DISTRICT KISHANGANJ …. PETITIONER Versus 1. THE STATE OF BIHAR 2. MD. FAIYAZ ALAM, SON OF ALTE TAMIZUDDIN, VILLAGE KHAGRA, AT PRESENT RESIDENT OF SAIMAL BARI, P.S. & DISTRICT KISHANGANJ …. OPP. PARTIES ----------- 3. 13.5.2011 The petitioner has sought quashing of the entire proceeding including the order dated 18.8.2007 passed by the Sub Divisional Judicial Magistrate, Kishanganj in Complaint case No.1046 of 2006, by which cognizance has been taken u/ss.341, 323, 379 and 406 I.P.C. On the last occasion, notices were issued to the opposite party no.2 by an order dated 26.9.2008 and despite his appearance through a duly executed Vakalatnama no one appears on his behalf. It has been submitted on behalf of the petitioner that the background facts of the case suggests that in fact there was financial transaction between the parties, in course of which a dispute arose between them and the petitioner has filed a complaint against the present complainant on 22.9.2006 vide Complaint case No.1069C of 2006 which has more or less having similar allegations as the present complaint. The petitioner concedes that it is not in the interest of both the parties that the proceedings continue and both the complaints should be quashed to promote good will between the parties, who are continuing - 2 - to be in the business of sale/purchase of rice. In view of such submission, the entire proceedings of the present case i.e. Complaint case No.1046 of 2006 as well as Complaint case No.1069C of 2006 pending in the court of Judicial Magistrate, 1st class, Kishanganj is quashed. With these observations, this application is allowed. Narendra/ ( Anjana Prakash, J. )