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Patna High Court - Orders

Hari Jiwan Prasad Agrawal @ Har Jiwan ... vs State Of Bihar on 25 March, 2011

                          IN THE HIGH COURT OF JUDICATURE AT PATNA
                                          Cr.Misc. No.35422 of 2007
HARI JIWAN PRASAD AGRAWAL @ HAR JIWAN PD.AGRAWAL, son of Late Mulchand
Agrawal, resident of B-184, Prashant Vihar, Delhi-85, having office at B-53, FF, Complex, Rani
Jhansi Road, Jhandewalan, New Delhi - 55 - Petitioner.
                                                         Vs.
   1) The State of Bihar,
   2) Anup Kr. Sunderka, son of Late S. N. Sunderka, resident of Ward No. 12, Sitamarhi, PS
       Town, District Sitamarhi - Opp. Parties.
8       25.3.2011

Mr. Suraj Narain Prasad Sinha, Senior Advocate appears on behalf of the petitioner whereas Mr. N.K. Agrawal, Senior Advocate appears for opposite party no.2.

Today the petitioner has paid by a demand draft, dated 23.3.2011 drawn in the name of Anup Kr. Sunderka a sum of Rs. 2 lakhs. Both the parties are present in court and accept that the dispute has been settled between them.

It has also been stated by counsel for opposite party no.2 that he will take steps to withdraw Money Suit No. 2/2009 filed by him for payment of the said amount of Rs. 2 lakhs. It is expected that proper steps should be taken by opposite party no.2 to withdraw the money suit pending in the court of the Subordinate Just 1st, Sitamarhi.

In the manner aforesaid the entire dispute appears to have been settled by the parties and it would not be in the end of justice to continue with the present case.

In view of the aforesaid facts Complaint Case No. C1/661 of 2007, corresponding to Trial No. 1917 of 2007, is hereby quashed.

This application is accordingly allowed.

          haque                                                  ( Sheema Ali Khan, J.)