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2019 DAILYLAW 2108 (PAT)

Satish Chandra Srivastava v. The State of Bihar and Anr

CR. MISC./12024/2019 · 2026-08-18

Chandra Shekhar Jha

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Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.12024 of 2019 Arising Out of PS. Case No.-79 Year-2013 Thana- DUMRA District- Sitamarhi ====================================================== Satish Chandra Srivastava S/o late Sidheshwari Sharan, District Program Officer (Now Retired), I.C.D.S Sitamarhi. at present Resident of Cinema Road, Gopalganj, P.S.- Gopalganj, Distt - Gopalganj. ... ... Petitioner/s Versus 1. The State of Bihar 2. Mahfuz Alalm S/o late Md. Sadulla Resident of Mohalla - Pathantoli Road, Aurangabad, Bihar at present District Panchyat Raj Officer, Jehanabad. ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Natraj Verma, Adv. Mr. Lakshmi Kant Tiwary, Adv. For the Opposite Party/s : Mr. Anil Kr. Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL JUDGMENT Date : 18-08-2026 1. Heard the parties. 2. Present petition preferred by the petitioner under Section 482 of Code of Criminal Procedure (in short Cr.P.C.) for quashing of order dated 01.08.2018, passed by the learned ACJM IV, Sitamarhi in Dumara P.S. Case No. 79 of 2013. 3. Learned counsel for the petitioner submitted that matter has been compromised between the petitioner and O.P. No. 2 and accordingly, they have filed joint compromise petition on affidavit which is the part of the record. 4. The affidavit in support of compromise was sworn on 28.10.2024. It is also submitted that all alleged offences are compoundable in nature and, further there is no public policy Patna High Court CR. MISC. No.12024 of 2019 dt.18-08-2026 2/2 appears involved in making any legal hurdle, as to put questions on compromise. 5. It is also submitted that considering all such aspect the petition of co-accused of the counter case namely, Mahfuz Alam of Dumara P.S. Case No. 78 of 2013 was allowed by one of the learned co-ordinate Bench of this Court through Cr. Misc. No. 38698 of 2017 dated 22.11.2024. 6. In view of aforesaid factual aspect as matter appears compromised between the parties, where the FIR, in issue, appears lodged for compoundable offences, accordingly, impugned order rejecting discharge petition of petitioner passed by learned ACJM IV, Sitamarhi in Dumara P.S. Case No. 79 of 2013 is hereby set-aside/ quashed. 7. Hence, this application stands allowed. 8. Trial Court Records, if any, be returned to the learned Trial Court alongwith the copy of this judgment. Sudha/- (Chandra Shekhar Jha, J) AFR/NAFR NAFR CAV DATE NA Uploading Date 18.08.2026 Transmission Date 18.08.2026