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Judgment
Instant case has been heard in view of observation of Hon'ble Supreme Court in the judgment passed in Cr. Appeal No(s). 54 of 2019 arising out of Special Leave Petition (Criminal) No.9341 of 2017 by which the Hon'ble Supreme Court has allowed the aforesaid appeal and set aside the order of this Court with a request to High Court to consider the matter once again after hearing all the parties to the proceedings.
Notice was issued to the Opposite Party No.2 after receipt of aforesaid judgment of the Hon'ble Supreme Court. Opposite Party No.2 has appeared.
Heard counsel for the petitioners and the Opposite Party No.2 as well as learned APP.
Instant Criminal Miscellaneous Application has been filed for quashing the order dated 01.03.2013 passed by the Judicial Magistrate, 1st Class, Vaishali, in Complaint Case No.987 of 2011/ T.R. No.2435 of 2011 by which summons have been ordered to be issued against the petitioners to face trial for the offence under Section(s) 379 and 427 of the Indian Penal Code.
This Court had after hearing counsel for the Petitioners and the State by earlier judgment dated 18.04.2017 quashed entire criminal proceeding against the Petitioners including the order dated 01.03.2013 passed by the Judicial Magistrate, 1st Class, Vaishali, in connection with Complaint Case No.987 of 2011/T.R. No.2435 of 2011.
Cr. Appeal No(s). 54 of 2019 arising out of Special Leave Petition (Criminal) No.9341 of 2017 was filed by the Opposite Party No.2 in the Hon'ble Supreme Court on the ground that he was not heard before passing the impugned judgment dated 18.04.2017.
The impugned judgment dated 18.04.2017 passed by this Court was set aside by the Hon'ble Supreme Court with a request to High Court to consider the matter once again after hearing all the parties to the proceeding.
Opposite Party No.2 has appeared through lawyer by filing vakalatnama after issuance of notice.
During hearing, counsel for the Opposite Party No.2 has submitted that Compromise Petition has been filed on 06.03.2019. The good sense has now prevailed between both the parties.
Counsel for the Petitioners has filed Supplementary Affidavit stating therein that due to intervention of well-wishers and family members of the Petitioners and Opposite Party No.2, instant case and other cases pending between the parties have been amicably settled and goods sense have prevailed between the parties.
This Court on earlier occasion after going through the merits of the case found that dispute is purely civil in nature. Title Suit has already been filed by the Complainant for the aforesaid dispute, which is pending in the Court of Sub Judge-VI, Hajipur, vide Title Suit No.203 of 2011.
The Compromise Petition has been filed on behalf of the parties in this Court stating that due to intervention of well-wishers of the Petitioners and Opposite Party No.2, instant case and other cases (details of which have been given in para 5 of second Supplementary Affidavit filed on behalf of the Petitioners) have been amicably settled and good sense have prevailed between the parties.
It has been mentioned in the Compromise Petition that in changed circumstances the parties does not want to proceed with the cases. The parties have decided to close the three litigation existing amongst them details where of has been mentioned in para 5 of 2nd Supplementary Affidavit filed on behalf of the Petitioners.
As per the Complaint Petition, dispute is of purely civil in nature.
In view of such, entire criminal proceeding against the Petitioners including the order dated 01.03.2013 passed by the Judicial Magistrate, 1st Class, Vaishali, in connection with Complaint Case No.987 of 2011/T.R. No.2435 of 2011, is hereby quashed.
Both the parties are directed to take steps for expeditious disposal of other cases pending between them as mentioned in para 5 of second Supplementary Affidavit filed on behalf of the Petitioners on the basis of compromise. In the event, such petition(s) is filed in the Court below, the Court below shall pass final order expeditiously in accordance with law, in those cases on the basis of compromise.
This application is, accordingly, disposed off.