Allowed

Mr.Shishir Michael and Anr. v. State of Bihar and Anr.

Patna HC4 Sept 2009CR. MISC./32319/2007

Case brief

AI extract

What is this about?

Two criminal miscellaneous petitions filed by petitioners working at Nippon Audiotronix Ltd. vs. State of Bihar and another accused, seeking quashing of proceedings regarding compoundable offences where a compromise was effected outside the court.

What did the court decide?

Quashing of the order taking cognizance dated 15.4.2005 in Complaint Case No. 1312 of 2003 and entire proceedings of the case.

Mr.Shishir Michael and Anr. Vs State of Bihar and Anr. — Quashing and FIR | Patna HC (2009)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Cr.Misc. No.32318 of 2007

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1. Mrs. Mona Goindi, W/o Mr. Kamaljeet Goindi @ Kanwaljeet Goindi, Joint Managing Director, Nippon Audiotronix Ltd.

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2. Mr. Kamaljeet Goindi, Managing Director, Nippon Audiotronix Ltd.

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3. I.S. Gujral, S/o Manmohan Singh Gujral, General Manager, Business Development and Engineer, Nippon Audiotronix Ltd.

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4. Bhagat Darshan @ Bhakt Darshan, S/o Sri Pratap Singh, Sr. Manager, Import and Excise, Nippon Audiotronix Ltd. All working at D-B Sector X, Noida, District Gautam Budha Nagar (U.P.). ---------- Petitioners

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Versus

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1. The State of Bihar.

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2. Ganga Sagar, S/o Lalji Prasad, Resident of Mohalla Pahasi, P.S. Kotwali, District Gaya.

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------------ Opposite Parties

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With

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Cr.Misc. No.32319 of 2007

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1. Mr. Shishir Michael, S/o Sanu Michael, Resident of Flat No. 88/District Sector 71, Noida, Gautam Budha Nagar, U.P.

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2. Dhiraj Chawala, S/o late H.L. Chawala, Working as Manager Sales in Nippon Audiotronix Ltd. D-B Sector X, Noida, District Gautam Budha Nagar (U.P.). ---------- Petitioners

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Versus

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1. The State of Bihar.

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2. Ganga Sagar, S/o Lalji Prasad, Resident of Mohalla Pahasi, P.S. Kotwali, District Gaya.

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---------- Opposite Parties
-----------

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7 4.9.2009 Heard Mr. Jitendra Singh, learned senior

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counsel appearing on behalf of the petitioners

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and Mr. Shivendra Prasad, learned counsel for

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the opposite party no.2.

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It appears that good sense has prevailed
upon the parties and the compromise outside
the Court has been effected in relation to the
offences which is otherwise were compoundable.
That being so, as the opposite party

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no.2 would also accept this position of
compounding of the offences, this Court,
exercising its power under Section 482 of the
Code of Criminal Procedure, would quash the
order taking cognizance dated 15.4.2005 in
Complaint Case No. 1312 of 2003 as also entire
proceedings of the case.

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Rsh

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(Mihir Kumar Jha, J.)

Mr.Shishir Michael and Anr. v. State of Bihar and Anr.

Case brief

What is this about?

What did the court decide?

Mr.Shishir Michael and Anr. v. State of Bihar and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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