LAWS(PAT)-2004-12-49

KESHAV JAYANT TIWARY Vs. STATE OF BIHAR

Decided On December 01, 2004
Keshav Jayant Tiwary Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) THIS an application under section 482 of the Code of Criminal Procedure (The Code, in short) for quashing the entire proceeding including order dated 29.8.1998 recorded in Complaint Case No. 1172(C) of 1998, cognizance of offence by the aforesaid order having been taken under various sections of the Penal Code, by the learned Chief Judicial Magistrate, Patna.

(2.) LEARNED counsel for the petitioners, learned counsel for opposite party no. 2, the complainant and learned Additional Public Prosecutor have been heard.

(3.) TODAY in course of arguments, learned counsel for the complainant (opposite party no. 2) also submitted that since the matter has been reconciled the complainant was no longer interested in prosecuting the complaint, hence necessary order may be recorded. Learned Additional Public Prosecutor also agrees that no useful purpose would be served by allowing the prosecution to continue. When the matter has been reconciled between the parties and the complainant does not want to prosecute the case, continuance of the criminal proceeding in the trial court would amount only to the wastage of precious time of the court, particularly in a complaint case.