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IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40509 of 2023

Arising Out of PS. Case No.-52 Year-2023 Thana- SHASTRINAGAR District- Patna

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Vijay Kumar Singh Son Of Surendra Kumar Singh Resident Of House No 62

Road No 4 Rajeev Nagar, Ps- Rajiv Nagar, District- Patna, Designated Partner

Of Aditya Niwas Developers Llp, A Body Corporate Having Registered

Office At Road No. -4, Rajiv Nagar, Ps- Rajiv Nagar, District- Patna

... ... Petitioner/s

Versus

1. The State Of Bihar

2. Surendra Kumar Singh Son Of Late Prithvi Raj Singh Resident Of Lallu

Seth Chowk, Sarvodaya Nagar, A.G. Colony, Ps- Shastri Nagar, District-

Patna

... ... Opposite Party/s

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Appearance :

For the Petitioner/s : Mr. Anuj Kumar, Advocate

For the State : Mr. Raj Kishor Singh, APP

For the O.P. No. 2 : Mr. Apurva Harsh, Adv.

Mr. Manu Tripurari, Adv.

Ms. Jaya Singh, Adv.

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CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA

ORAL ORDER

7 31-01-2026 Heard learned counsel for the petitioner, learned APP

for the State and learned counsel for the O.P. No. 2.

2. The present application has been filed for quashing

of the FIR Shastri Nagar P.S. Case No. 52 of 2023, dated

13.01.2023 lodged under the provisions of Sections 406, 420,

465, 468, 471, and 120B of the Indian Penal Code.

3. The short facts of the case arising out of the written

report is that in the year 2018, the petitioner, who is a builder,

had proposed to build a residential premises on a plot of land

belonging to the O.P. No. 2 and had got a development

agreement registered in the year 2019. It has been alleged that at

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the time of getting the agreement registered, the petitioner had

assured of getting work completed within six years but he

defrauded the informant and caused wrongful loss to him by

producing forged documents.

4. Learned counsel for the petitioner has submitted

that the present case arises out of a dispute between the builder

and the land owner and the F.I.R. has been lodged making false

and baseless allegation against the petitioner. It has further been

submitted that the dispute is civil in nature, entails civil

consequences, and that despite the availability of alternative

remedies, a shortcut method of filing a criminal case has been

employed.

5. Be that as it may, further submission of the learned

counsel for the petitioner relates to the fact that parties to the

proceedings have compromised the matter and affidavit to such

effect has been filed by both sides and the supplementary

affidavit dated 16.6.2025 has been filed in the form of a joint

affidavit bearing signature of both the petitioners and the O.P.

No. 2. It has been clearly stated in the said affidavit that both the

parties have compromised the matter willingly, voluntarily and

happily without any undue pressure or coercion and good

relations have been restored. On account of joint compromise,

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the parties have, thus, settled their dispute/grievances amicably

and now both of them do not want to proceed further in the

present case or any other case lodged against each other. A list

of cases has also been enumerated in the paragraph number 8 of

the said affidavit and the present case which is Shastri Nagar

P.S. Case No. 52 of 2023, dated 13.01.2023, features under the

clause A of paragraph 8.

6. Learned counsel for the opposite party No. 2

supports the factum of compromise between the parties and has

no objection if the criminal prosecution arising out of the said

FIR is quashed.

7. The issue with regard to quashing of criminal

proceedings with respect to offenses which are private in nature,

which have no serious impact on society, involving

settlement/compromise between the victim and the offender, has

been settled by various judicial pronouncements to the extent

that even non-co