JUDGMENT : CHANDRA SHEKHAR JHA, J. 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) ?.? Begusarai, stating therein that he is business man and he along with his wife used 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 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. 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 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 and they have also assaulted and used abusive language. 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 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. 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. 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 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 No. 63/2023 Muktinath Kunal Gaurav JM 1st Class, Begusarai 2. Begusarai Town PS Case No. 02/2024 Sudha Singh Kunal Gaurav Krishna Mohan Singh Arvind Singh JM 1st Class, Begusarai 3. Cr. Misc. No. 34233/2024 Kunal Gaurav Sudha Singh & State of Bihar Patna High Court, Patna 4. Money Suit No.19/2023 Muktinath Kunal Gaurav Sub-Judge-1 Begusarai 5. Begusarai Town PS Case No. 66/2024 Abhishek Kumar Mukti Nath, Sudha Singh, Shakuntala Devi, Shivam Kumar JM 1st Class, Begusarai 6. Title Suit No. 88/2023 Nisha Devi Sudha Singh and Others Sub-Judge-1 Begusarai 7. Title Suit No. 224/2023 Tiger Agro Food Processing Pvt. Ltd. Through Pushpanjali Kumari Muktinath and others Sub-Judge-2 Begusarai 8. Money Suit No. 11/2023 Kunal Gaurav Muktinath, Sudha Singh, Shakuntala Devi Sub-Judge-1 Begusarai 9. Criminal Miscellaneous No. 36304/2023 Kunal Gaurav Hon’ble Patna High Court 10. Title Suit No. 88/2023 Nisha Devi Sudha Singh and Others Sub-Judge-1 Begusarai 7. Title Suit No. 224/2023 Tiger Agro Food Processing Pvt. Ltd. Through Pushpanjali Kumari Muktinath and others Sub-Judge-2 Begusarai 8. Money Suit No. 11/2023 Kunal Gaurav Muktinath, Sudha Singh, Shakuntala Devi Sub-Judge-1 Begusarai 9. Criminal Miscellaneous No. 36304/2023 Kunal Gaurav Hon’ble Patna High Court 10. Cr.W.J.C. No. 1200/2024 Shakuntala Devi & others State of Bihar & Abhishek Kumar Hon’ble Patna High Court 11. Cr. Revision No. 271/2024 Abhishek Kumar Muktinath, Sudha Singh, Shakuntala Devi District and Sessions Judge, Begusarai 12. Non-FIR Town P.S. 12/2025 (Case No. 309/25) The State of Bihar Muktinath & Others SDM, Begusarai 13. Case No. 3422 R27/2023-2024 Muktinath The State of Bihar & Pushpanjali Kumari C.O. Sadar Begusarai 14. Case No. 7335 R27/2023- 2024 Sudha Singh The State of Bihar & Arvind Singh C.O. Sadar Begusarai 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: 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. 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 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 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 ?. 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. 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 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 hereby set aside/quashed. 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.