Full Judgment Text
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IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 1050 OF 2002
RANJIT KUMAR DAS AND ORS. ... APPELLANT(S)
:VERSUS:
STATE OF BIHAR AND ORS. ... RESPONDENT(S)
O R D E R
This appeal is directed against the order dated
14.3.2002 in Criminal Miscellaneous No.28348/2000
passed by the learned Single Judge of the High Court of
Judicature at Patna. This order was passed by the High
Court in a petition filed under Section 482 of the Code
of Criminal Procedure for quashing the criminal
complaint.
The learned Single Judge of the Patna High Court
observed as under:
“Civil and criminal remedies on the same
set of facts can be available but in the
circumstances of a case, if it is found that
only civil remedy is available, no criminal
case would lie. Criminal and civil remedies are
not exclusive or co-extensive. From a perusal
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of the complaint petition and statement of the
complainant on solemn affirmation, it cannot be
said that the ingredients of criminal offence
have not been made out, the only exception
being allegation relating to Sunetra Kumar Das.
In view of the aforesaid, this
application is partly allowed and the impugned
order and criminal proceeding against the
petitioner Sunetra Kumar Das is quashed by the
High Court. In so far as other petitioners are
concerned, this petition is dismissed.”
The appellants Ranjit Kumar Das, Chhabi Das and
Pawan Kumar Jha have approached this Court for quashing
the judgment and order of the Patna High Court. During
the pendency of this matter, the parties have filed a
joint compromise petition which is signed by the
learned counsel for the parties and all the appellants
Ranjit Kumar Das, Chhabi Das, Pawan Kumar Jha and
respondent No.2 - Rajendra Prasad Choudhary and
respondent No.3 – Narmada Devi. A joint Memo of
Compromise is also annexed to the said petition. The
joint Memo of Compromise be taken on record.
In the compromise application, it is mentioned
that the appellants have agreed to give up their title,
rights and interest in the house situated at Village
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Mouza Dhouni, Khata No. 26, Khasra No. 280, Thana
No.199, Village Dhauni, P.O. & P.S. Tarapur, District
Mnger, Bihar, admeasuring 9 Dhoor in favour of
respondent NO.3 who is the wife of respondent No.2.
The appellants executed a registered Power of
Attorney in favour of respondent No.3 on 6.8.2009
giving rights to execute registered sale deed in favour
of respondent No.2. Respondent Nos.2 and 3 have agreed
to withdraw all pending civil and criminal proceedings
filed by them against the appellants. The details of
the pending proceedings as given in para are as under:
(a) Criminal Complaint Case No. 548 of 1998 in
st
the Court of Judicial Magistrate, 1 Class,
Bhagalpur;
(b) Money Suit No. 6 of 1999 in the Court of Sub
Judge IV, Bhagalpur;
and all proceedings, if any, arising therefrom.
The parties are close relations and the dispute
between them is essentially of a civil nature. Learned
counsel for the State of Bihar also has no objection to
the said compromise being accepted.
We, on consideration of the totality of the
facts and circumstances of the case, accept the
compromise which has been agreed to and signed by the
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parties.
In this view of the matter, this appeal is
disposed of in terms of the memo of compromise.
....................J
(DALVEER BHANDARI)
....................J
(B.S. CHAUHAN)
NEW DELHI,
SEPEMBER 3, 2009.