Patna High Court
Kunal Gaurav @ Kunal Kumar vs The State Of Bihar on 24 June, 2025
Author: Chandra Shekhar Jha
Bench: Chandra Shekhar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36304 of 2023
Arising Out of PS. Case No.-63 Year-2023 Thana- BEGUSARAI TOWN District- Begusarai
======================================================
Kunal Gaurav @ Kunal Kumar Son of Krishna Mohan Singh Resident of
Behind Gyan Bharti High School, Harrakh, Ward No. 12, P.S.- Town, Distt-
Begusarai. ... ... Petitioner/s
Versus
1. The State of Bihar.
2. Muktinath S/O- Ramchandra Singh R/O- Lohiya Nagar, P.S.- Lohiyanagar,
District-Begusarai.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ranjan Kumar Dubey, Advocate
Mr. Shashank Kashyap, Advocate
Ms. Sheshadri Kumari, Advocate
For the Opposite Party/s : Mr.Sanjay Kumar Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL JUDGMENT
Date : 24-06-2025
Heard learned counsel appearing on behalf of the
parties.
2. The present application has been preferred by the
petitioner for quashing the FIR of Begusarai Town (Lohiya
Nagar) P.S. Case No. 63 of 2023 dated 23.01.2023 registered
under Sections 406, 420, 341, 323, 386, 201, 504/34 of the
Indian Penal Code.
3. The case of the prosecution in brief is that
informant namely Mukhti Nath gave his undated written
complaint to S.H.O (Lohiya Nagarr) О.Р Begusarai, stating
therein that he is business man and he along with his wife used
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to give Rs. 17 lacs towards Income Tax per annum to Govt. It
is further stated that he was in search of fresh/undisputed land
near four lane at Village Pansalla. On 01.06.2022 Kunal
Gaurav (petitioner), came to his house at Lohiya Nagar along
with his three bodyguard and told him that he has 35 Katha of
land in village-Pansalla near four lane. Then he along with
Kunal Gaurav (petitioner) went to see the land at village-
Pansalla. Kunal Gaurav identified the land by saying that this
land of 35 katha belongs to him and he is ready to transfer the
same in favour of informant. Then informant took 10 days time
for purchasing the aforesaid land. It is further stated that
Kunal Gaurav (petitioner) started making pressure on him for
purchasing the land. According to informant in the month of
April 2022, he has transferred/sold his land at village- Papraur
and consideration amount received thereof were kept in his
personal account and the accounts of his wife and mother. On
persuasion of Kunal Gaurav, he became ready to purchase 35
katha of his land, who said him that presently he may
registered sale deed in respect of 11 katha of land only and
rest 24 katha of land will be transferred after one month. For
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total 35 katha of land, consideration amount Rs. 2 crore 8
lakhs and for filling the soil Rs. 11 lakh 80 thousand was
agreed. It is further stated that while he understand anything,
on the pressure made by Kunal Gaurav, he gave cheque issued
by his wife and his mother in favour of Kunal Gaurav to the
tune of total Rs. 1 Crore 98 lakh 80 thousand. All the aforesaid
amounts were encashed in account No. 37482675380, which
belongs to Kunal Gaurav. Besides this, informant also
deposited Rs. 93 lakh cash on 13.06.2022 in the account No.
36144572944, which is in the name of Bimla warehouse. In
this way total amount to the tune of Rs.2 crore 91 lakh and 80
thousand were paid in the account of Kunal Gaurav. Thereafter
on 01.09.2022, 1 katha of land vide deed no. 8337 and 11
katha land vide deed no. 8336 were transferred by Kunal
Gaurav in favour of wife of the informant namely Sudha Singh
and mother namely Shakuntala Devi. It is further stated that
on 10.09.2022 when informant visited purchased land at
village Pansalla then the local persons informed him that this
land does not belongs to him. Then he showed his sale deed,
whereupon local persons told that Kunal Gaurav is not a
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genuine person and he has committed forgery with him. Kunal
Gaurav has a share in the land only to the extent of 12 dhurs.
It is further stated that informant immediately called him on
phone but he did not received the call. Then he went to house
but he was not allowed to meet him by his staff. Thereafter, he
tried to resolve the issue with the help of respectable persons
of the society but Kunal Gaurav was not ready for resolving the
issue. It is further stated that on 21.01.2023 at about 10.30
A.M while he was walking in his campus, Kunal Gaurav and his
three associates, who were armed with weapon entered into his
house and said why are you repeatedly approaching my house.
Then informant told him to return the entire consideration
amount which he has taken by playing fraud upon him.
Thereafter, Kunal Gaurav became angry and said that
whatever amount he has taken was taken as rangdari and
further demanded Rs. 50 Lakh as rangdari otherwise he will kill
him. By saying so he put his gun on his head and the other
three persons surrounded him. Due to fear and also to save his
life informant immediately handed over Rs. 65,000/- to Kunal
Gaurav. Thereafter all persons have said to give rest amount
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and they have also assaulted and used abusive language. It
has further been stated that on his alarm his nephew and other
staff came for his rescue and only then accused persons fled
away.
4. On the basis of aforesaid report and documents
Begusarai Town (Lohiya Naar) P.S Case No. 63/2023 was
registered.
5. It is submitted by learned counsel appearing for
petitioner that the present matter was sent for Mediation in
terms of order dated 08.07.2024 by one of the learned
coordinate Bench of this Court, where retired Justice of this
Court, Hon’ble Mr. Justice Shyam Kishore Sharma was
appointed as mediator. It is submitted that both parties
appeared before the mediator and settled their disputes and
differences. The amicable settlement arrived between the
parties filed before this Court. The deed of agreement was
executed on 30.04.2025.
6. Mr. Md. Farooq, learned counsel appearing for
opposite party no. 2 also approved the aforesaid submission of
learned counsel appearing for petitioner.
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7. It would be apposite to reproduce the mediation
report i.e. Mediation Case No. 01 of 2024 (arising out of order
dated 08.07.2014 passed by the Hon’ble Patna High Court in
Cr. Misc. No. 36304 of 2023) to explain and understand the
terms of settlement, which is as under:-
“DEED OF AGREEMENT, dated 30.04.2025
This agreement is being prepared in three
original copies and each party shall retain one Original copy
of the agreement.
DEED OF AGREEMENT
This Deed of Settlement is signed at
Begusarai on this the 30th day of April, 2025 which has
been arrived at through Mediation Proceedings bearing
Mediation case no. 01/2024 conducted by Hon’ble Mr. Jus.
Shyam Kishore Sharma (Retired Judge of the Hon’ble
Patna High Court) pursuant to directions of the Hon’ble
Patna High Court dated 08/07/2024 in Criminal
Miscellaneons No. 36304/2023 (copy of the High Court
order enclosed hereto as Annexure-1)
By and Between
1. Sakuntala Devi wife of Late Ramchandra Singh
2. Muktinath son of Late Ramchandra Singh
3. Sudha Singh wife of Muktinath
4. Shivam Kumar alias Rajlakshman son of
Muktinath, All are residents of village- Lohiya
Nagar, Ward No. 28, Police Station- Begusarai
Town (Lohiya Nagar O.P.), District- Begusarai,
hereinafter called “First Party”.
AND
1. kunal Gaurav son of Krishna Mohan Singh
2. Krishna Mohan Singh son of Late RamNandan
Singh
3. Nisha Devi wife of Krishna Mohan Singh
4. Pushpanjali Kumari wife of Kunal Gaurav
All are residents of village Harakh, Ward no.12, behind
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Gyan Bharti School, P.S Town, District Begusarai.
5. Arvind Singh S/O: Late Sitaram Singh, Village: Pansalla,
PS: lakho, Begusarai, Bihar, 851129
All of them together called “Second Party”.
AND
1. Abhishek Kumar, son of Sri Pasupati Rai
Resident of Village/ Mohalla – Dinkar Nagar, Professor
Colony, Police Station -Town (Ratanpur O.P.), District-
Begusarai hereinafter referred to as the “Third Party”
First Party, Second Party and the Third Party are
hereinafter collectively referred to as “Parties” and
severally as “Party” and shall mean and include their heirs,
legal representatives, transferees, assigns, executors and
legatees. (Name of 3rd party has been added and allowed
to join this compromise with consent of 1 st Part and 2nd
party)
RECITALS:
WHEREAS on account of differences among the party of
the 1ª party vs. the 2nd party and 1ª party vs. the 3rd
party several proceedings (both civil and criminal) have
been initiated by them against each other which are
detailed as under:
Srl. Particulars Filed By Against Pending Before
1. Begusarai Town PS Case Muktinath Kunal Gaurav JM 1st Class,
No. 63/2023 Begusarai
2. Begusarai Town PS Case Sudha Singh Kunal Gaurav JM 1st Class,
Krishna Mohan Begusarai
No. 02/2024 Singh Arvind
Singh
3. Cr. Misc. No. 34233/2024 Kunal Gaurav Sudha Singh & Patna High
State of Bihar Court, Patna
4. Money Suit No.19/2023 Muktinath Kunal Gaurav Sub-Judge-1
Begusarai
5. Begusarai Town PS Case Abhishek Mukti Nath, JM 1st Class,
No. 66/2024 Kumar Sudha Singh, Begusarai
Shakuntala
Devi, Shivam
Kumar
6. Title Suit No. 88/2023 Nisha Devi Sudha Singh Sub-Judge-1
and Others Begusarai
Patna High Court CR. MISC. No.36304 of 2023 dt.24-06-2025
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7. Title Suit No. 224/2023 Tiger Agro Muktinath and Sub-Judge-2
Food others Begusarai
Processing Pvt.
Ltd. Through
Pushpanjali
Kumari
8. Money Suit No. 11/2023 Kunal Gaurav Muktinath, Sub-Judge-1
Sudha Singh, Begusarai
Shakuntala
Devi
9. Criminal Miscellaneous Kunal Gaurav Hon’ble Patna
No. 36304/2023 High Court
10. Cr.W.J.C. No. 1200/2024 Shakuntala State of Bihar Hon’ble Patna
Devi & others & Abhishek High Court
Kumar
11. Cr. Revision No. Abhishek Muktinath, District and
271/2024 Kumar Sudha Singh, Sessions
Shakuntala Judge,
Devi Begusarai
12. Non-FIR Town P.S. The State of Muktinath & SDM,
12/2025 (Case No. Bihar Others Begusarai
309/25)
13. Case No. 3422 Muktinath The State of C.O. Sadar
R27/2023-2024 Bihar & Begusarai
Pushpanjali
Kumari
14. Case No. 7335 R27/2023- Sudha Singh The State of C.O. Sadar
2024 Bihar & Arvind Begusarai
Singh
AND WHEREAS during the course of
the hearing of Criminal Miscellaneous No.
36304/2023 filed by the Second Party the Hon’ble
Patna High Court by its order dated 08/07/2024,
referred the dispute for mediation before Hon’ble
Mr. Justice Shyam Kishore Sharma (Retired Judge
of the Patna High Court).
AND WHEREAS several hearings have
taken place between the parties and their lawyers
at the venue of the mediation. At the initiative of
and at the instance of the Hon’ble Mediator all
parties have arrived at a decision to amicably settle
all their disputes amongst themselves on a No Fault
Basis’, on terms, which are detailed below:
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1. All the parties are agreed to settle their
dispute in amicable manner. The party of the 1s
Part shall initiate mutation proceeding in respect of
land bearing khata no.114, khesra no.287, khata
no.104 khesrano.286 and khata no.114
khesrano.288 and the party of the 2nd part
undertakes that they shall not raise any objection in
such mutation proceeding and shall extend their co-
operation.
2. The Second Party shall provide
support in construction of boundary wall on land
appertaining to Khata no.104, khesra no.286 area
1 katha 12 dhur 10 dhurki, Khata no.114, khesra
no.287 area 1 katha, Khata no.114, khesra no.287
area 6 katha, Khata no.114, khesra no.288 area 9
katha situated in mauza Menka Salempur, thana
no.525, District Begusrarai.
3. That the First Party shall return
today 3 katha 2 dhur 10 dhurki land of khata no.
144, khesra no.284 in mauza Menka Salempur,
Thana no.525, District Begusarai to the Second
Party-namely Kunal Gaurav by virtue of transfer
deed u/s 54 of the Transfer of OTA Property Act,
1882. And shall provide support in construction of
boundary wall on this plot.
4. The Second Party namely Kunal
Gaurav has received the value of the land sold vide
sale deed no.5439 dated 16/06/2022 @
Rs.2051000/- per kattha from Sudha Singh.
However, in the aforesaid deed no.5439, the
consideration amount is mentioned in accordance
with MVR as Rs.8,00,000/- per kattha.
5. The First Party shall extend full
support in compromise of Mufassil P.S. case no.
542 of 2022, which has been arisen out of land of
Khesra no. 287, 288 of Mauza- Manika Salempur.
6. All the parties are agreed to
withdraw their respective Title Suits/Money Suits as
enumerated above unconditionally.
7. All the parties shall get this Notary
Public, Begusarai and thereafter its approved A and
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countersigned by the Hon’ble Mediator with a
request to forward a copy R.R. SAH Aereof to the
Hon’ble Patna High Court for taking it on record and
passing appropriate orders thereon to attain closure
and finality of all pending disputes and Regd. No
Issues between the Parties. Simultaneously, they
shall also have the same filed Exp. of through their
own lawyers before the Hon’ble High Court and
shall assist each other in OVT. OF BIHA
expeditiously obtaining appropriate orders thereon
from the Hon’ble Court.
8. First Party shall give their consent in
affirmation of the prayers of the Second Party in
Criminal Miscellaneous No. 36304/2023 and
Crimianl Miscellaneous no. 34233/2024 pending
before the Hon’ble Patna High Court to bring about
closure of the said case and the trial arising out of
Begusarai Town PS Case No. 63/2023 and
Begusarai Town P. S. 2/2024 which is pending
before JM 1st Class, Begusarai, Bihar.
9. Third Party shall give their consent in
affirmation of the prayers of the First Party in
Cr.W.J.C No. 1200/2024 pending before the
Hon’ble Patna High Court to bring about closure of
the said case and the trial arising out of Begusarai
Town P.S case no.66/2024 which is pending before
JM 1st Class Begusarai, Bihar. All future claims of
third party shall be deemed to waived.
10. All the parties shall assist each
other by filing such applications/petitions as may be
required for seeking closure of all trials/cases
arising from:
a. FIR bearing Begusarai Town PS Case No.
63/2023
b. FIR bearing Begusarai Town PS Case No.
02/2024
с. FIR bearing Begusarai Town PS Case No.
66/2024
d. Non-FIR P. S. no. 12/2025 (case no
309/25)pending before the SDM,
Begusarai.
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11. Parties agree that this Deed of
Settlement is final and shall be binding upon them
and all claiming through them. Clauses of this Deed
constitute the entire Settlement between them.
Nothing outside the express terms of this Deed of
Settlement either exists or is A Prelevant anymore
hereafter. All future claims of all party shall be
deemed to waived.
12. Parties signing this Deed of
Settlement hereby represent and warrant that he or
she have the authority to bind themselves or the
entity on behalf of which he or she has also signed.
IN WITNESS WHEREOF, the parties
hereto have executed this Deed of Settlement on
the OF B date written above in the presence of
witnesses
Witns FIRST PARTY
1.ननले श कुमार 1. Sakuntala Devi
2. इइद दे व नसं ह 2. Muktinath
3. राम पववश ससइह 3. Sudha Singh
4. Shivam Kumar alias Rajlakshman
SECOND PARTY
1. Kunal Gaurav
2.Krishna Mohan Singh
3. Nisha Devi
4. Pushpanjali Kumari
5. Arvind Singh
THIRD PARTY
1. Abhishek Kumar”
8. As matter amicably settled between the parties in
terms of aforesaid compromise deed, jointly signed by the parties,
continuing of present criminal proceeding before the learned trial
court would only amount to abuse of process of court of law and,
therefore, the FIR in issue, which was registered as Begusarai Town
(Lohiya Nagar) P.S. Case No. 63 of 2023 dated 23.01.2023 is
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9. Parties are directed to abide by their terms and
conditions as settled through aforesaid compromise deed drawn in
mediation case no. 01 of 2024 as discussed above.
10. Accordingly, present quashing petition stands
allowed.
11. Let copy of this order be sent to the learned trial
court, without delay.
(Chandra Shekhar Jha, J)
veena/-
AFR/NAFR NAFR CAV DATE NA Uploading Date 26.06.2025 Transmission Date 26.06.2025